Chapter E14: Stormwater Management - Wollongong … E – General Controls – Environmental Controls Chapter E14: Stormwater Management Wollongong Development Control Plan 2009 1

Wollongong Development Control Plan 2009 i

Part E – General Controls – Environmental Controls

Chapter E14: Stormwater Management

Contents

1 INTRODUCTION 1

2 OBJECTIVES 1

3 DEFINITIONS / TECHNICAL TERMS 1

4 AVERAGE RECURRENCE INTERVAL 5 4.1 Minor System 5 4.2 Major System 5 4.3 Trunk Drainage 5

5 PRELIMINARY LAYOUT OF PROPOSED STORMWATER SYSTEM 6

6 ESTIMATION OF MINOR SYSTEM FLOWRATES 6 6.1 Design rainfall intensities 6 6.2 Times of concentration 6 6.3 Runoff coefficient 7 6.4 Sub-Area Discharge 7 6.5 Estimation of flowrates by computer models 8

7 PIT INLET DESIGN 8 7.1 Pit Location 8 7.2 Inlets and their Capacities 8

8 MAJOR SYSTEM FLOWS 9 8.1 Definition 9 8.2 Safety 9 8.3 Continuity 9 8.4 Road Reserve Flow Capacity 9

9 HYDRAULIC DESIGN OF MINOR SYSTEM 10

10 TRUNK DRAINAGE 12 10.1 General 12

10.2 Estimation of Flowrate 12 10.3 Watercourses 12

11 MANAGEMENT OF STORMWATER FROM DEVELOPMENT 16

11.1 General 16 11.2 Development Sites Affected By Flooding 17 11.3 Disposal of stormwater from development sites 18 11.4 Conditions for Building over Common Stormwater Lines

and Stormwater Easements 22

12 ON-SITE STORMWATER DETENTION 24 12.1 Application of On-Site Stormwater Detention 24 12.2 Design requirements 26 12.3 Alternative Systems 30 12.4 Implementation of OSD requirements 30 12.5 Development Approval Process 33 12.6 Record System 41 12.7 Inspections 42

13 INFORMATION REQUIREMENTS (TO BE SUBMITTED BY APPLICANT) 42

13.1 Development Application Stage (Where Construction Certificate is required) 42

13.2 Construction Certificate Stage 43 13.3 Prior to Final Occupation Stage 43 13.4 At Development Application Stage (Where No

Construction Certificate Is Required) 44 13.5 Standard of Engineering Submission 45 13.6 Computer Programs 45

14 APPLICATION OF THIS CHAPTER 45

Part E – General Controls – Environmental Controls Chapter E14: Stormwater Management

ii Wollongong Development Control Plan 2009

15 REFERENCES 46

Appendix: 1 OSD DESIGN 47 CONTAINING: 47

DETAILED DESIGN CHECKLIST 62

TECHNICAL DATA – MESH SCREENS 65

2. SAMPLE MAINTENANCE SCHEDULE 67

CERTIFICATE OF HYDRAULIC COMPLIANCE & 69

LEGAL PROTECTION OF OSD SYSTEMS 73

STANDARD SUMPS AND INLET PITS 102

TYPICAL CONNECTION TO COUNCIL DRAINAGE PIPELINE 105

Figures Figure 1: Determination of Runoff Coefficient .....................7 Figure 2: OSD Approval Process ...................................32 Figure 3: Maximesh Screen .........................................66


Wollongong Development Control Plan 2009 1

1 INTRODUCTION

1. This chapter of the DCP outlines Council’s requirements for stormwater drainage design and on-site stormwater detention for all developments within the City of Wollongong LGA. All stormwater drainage design and on-site stormwater detention must be carried out in accordance with this chapter. Adherence to the requirements contained in this chapter of the DCP will help facilitate the expeditious processing of applications involving engineering related issues. .

2. This chapter of the DCP should be read in conjunction with the Australian Rainfall and Runoff: National Code of Practice for Drainage, published by Institution of Engineers, Australia 1998 in addition to the Floodplain Management and Water Sensitive Urban Design chapters contained in Part E of this DCP.

3. This chapter of the DCP embraces the concept of the “Major/Minor” approach. The minor system is the gutter and underground pipe network that is designed to an Average Recurrence Interval, as indicated in Section 4.1. The major system refers to the overland flow paths/stormwater routes that are to be designed to convey major storm flows when the capacity of the minor system is exceeded.

2 OBJECTIVES

1. The main objectives of this chapter are to:

(a) Achieve a uniform standard of stormwater drainage design for all developments;

(b) Reduce peak flows from sites into Council’s stormwater drainage system;

(c) Reduce the probability of downstream flooding;

(d) Minimise the potential impacts of new development and redevelopment in areas affected by local overland stormwater run-off or flooding, such that no increase in stormwater peak flows occurs downstream;

(e) Minimise stormwater run-off volumes;

(f) Reduce peak run-off flows from urban developments by local detention basins and minimising impervious areas, wherever practicable;

(g) Minimise the drainage infrastructure cost of development; and

(h) Increase public convenience and public safety as well as protection of property.

3 DEFINITIONS / TECHNICAL TERMS

For the purposes of this chapter of the DCP, the following definitions / technical terms apply:

Absorption Trench An excavation that has been filled with material or prefabricated void units that are conducive to the drainage of stormwater and which are designed to drain vertically or side-ways, into adjacent sub-surface in-situ void or fill material.

AEP Annual Exceedence Probability: The probability of a rainfall or flood event of given magnitude being equalled or exceeded in any one year.


2 Wollongong Development Control Plan 2009

AHD Australian Height Datum: National reference datum for level.

Alluvium Material eroded, transported and deposited by streams.

Antecedent Pre-existing conditions (eg. wetness of soils).

Areal Variation over an area of a particular parameter.

ARI Average Recurrence Interval: The expected or average interval of time between exceedences of a rainfall or flood event of given magnitude.

ARR Australian Rainfall and Runoff: National Code of Practice for Drainage published by Institution of Engineers, Australia, 1998.

Backwater Profile Longitudinal profile of the water surface in a stream where the water surface is raised above its normal level by a natural or artificial obstruction.

Basement Carparking A car parking area generally below ground level or above natural ground level but enclosed by bunding, where inundation of the surrounding areas may raise water levels above the entry level to the basement, resulting in rapid inundation of the basement to depths greater than 0.8 metres. Basement car parks are areas where the means of drainage of accumulated water in the car park has an outflow discharge capacity significantly less than the potential inflow capacity. Car parks not at risk of inundation (i.e. their entrance is above the PMF) are not subject to the requirements of this Chapter.

Catchment Area draining into a particular creek system, typically bounded by higher ground around its perimeter.

Conveyance A measure of the carrying capacity of the channel section. Flow is directly proportional to conveyance for steady flow. From Manning’s equation, the proportionality factor is the square root of the energy slope.

Cover Type and distribution of vegetation on catchment.

Critical Depth If discharge is held constant and the water depth allowed to decrease, as in the case of water approaching a free overfall, velocity head will increase, pressure head will decrease, and total energy will decrease toward a minimum value where the rate of the decrease in the pressure head is just counterbalanced by the rate of increase in velocity head. This is the critical depth. More generally, the critical depth is the depth of flow that would produce the minimum total energy head, and it depends on cross section geometry and water discharge.

Critical Flow The state of flow where the water depth is at the critical depth and when the inertial and gravitational forces are equal. When Froude Nº = 1.0.

Culvert An enclosed conduit (typically pipe or box) that conveys stormwater below ground

DECCW Department of Environment, Climate Change and Water

DWE Department of Water and Energy

Discharge The flow rate of water.

Escarpment A cliff or steep slope, of some extent, generally separating two level or gently



sloping areas.

Flood A relatively high stream flow which overtops the natural or artificial banks in any part of a stream, river, estuary, lake or dam, and/or local overland flooding associated with major drainage before entering a watercourse, and/or coastal inundation resulting from super-elevated sea levels and/or waves overtopping coastline defences excluding tsunami.

Freeboard The factor of safety expressed as the height above the design flood level. Freeboard provides a factor of safety to compensate for uncertainties in the estimation of flood levels across the floodplain, such as wave action, localised hydraulic behaviour and impacts that are specific event related, and other effects such as “greenhouse” and climate change.

Froude Nº A measure of flow instability - below a value of one, flow is tranquil and smooth, above one, flow tends to be rough and undulating (as in rapids).

Geotechnical Relating to Engineering and the materials of the earth crust.

Gradient Slope or rate of fall of land/pipe/stream.

Gully Narrow ravine, small valley.

Headwall Wall constructed around inlet or outlet of a culvert.

Hydrology A term given to the study of rainfall and runoff processes as relates to the derivation of flood discharges

Hyetograph A graph of rainfall intensity against time.

Hydrograph A graph of flood flow against time.

Hydraulic A term given to the study of water flow, as relates to the evaluation of flow depths, levels and velocities.

Ha Hectare. (Area = 10,000m2)

IFD Intensity - Frequency – Duration Rainfall parameters used to describe rainfall at a particular location.

Isohyets Lines joining points of equal rainfall

FSL Flood Surface Level.

FPL Flood Planning Level

FPDM Floodplain Development Manual: Guidelines for the management of flood liable land published by NSW State Government, April 2005.

Km Kilometre. (1 km distance = 1,000m)

M Metre.

M² Square Metre.

M³/sec Cubic Metre per Second.



Major/Minor Stormwater System

Refer under GENERAL.

Manning’s n A measure of channel or pipe roughness.

Minor Development Developments discharging less than 55L/S and discharging to kerb.

Normal Depth The depth that would exist if the flow were uniform.

NWC Natural Water Course: A small creek or channel in its natural condition.

Orographic Pertaining to changes in relief, i.e. mountains.

Orthophoto Aerial photograph with land contours, boundaries or reference grids added.

Pluviograph An instrument which records rainfall collected as a function of time.

PMF Probable Maximum Flood: Flood calculated to be the maximum ever likely to occur.

PMP Probable Maximum Precipitation: Rainfall calculated to be the maximum ever likely to occur.

Receiving Waters A river, lake or the ocean.

RCP Reinforced Concrete Pipe.

Run-off Stormwater running off a catchment during a storm on the catchment.

Scour Erosion of soil in the banks or bed of a creek, typically occurring in areas of high flow velocities and turbulence.

Sec Second.

Siltation The filling or rising up of the bed of a watercourse or channel by deposited silt.

Spurs Secondary ridges typically occurring at right angles to a main ridge line, formed by stream erosion of the slopes of the main ridge.

Stormwater Surface runoff generated from rainfall events.

Stratigraphy The sequence of layers in which soils/rocks have been deposited.

Sub-critical Flow The state of flow where the water depth is above the critical depth. Here, the influence of gravity forces dominates the influences of inertial forces, and flow, having a low velocity, is often described as tranquil

Surcharge Flow Unable to enter a culvert or exiting from a pit as a result of inadequate capacity

Supercritical Flow The state of flow where the water depth is below the critical depth, inertial forces dominate the gravitational forces, and the flow is described as rapid or shooting.

Suitably Qualified Civil Engineer

A civil engineer who is included in the National Professional Engineers Register, administered by the Institution of Engineers Australia.



Topography The natural surface features of a region.

Transpiration Pit An excavation which has been filled with material conducive to the drainage of stormwater and which is designed to drain sideways, into the atmosphere, via a retaining medium.

Trunk Drainage A stormwater system serving catchments larger than 15 hectares.

Urbanisation The change in land use from natural to developed state.

Watercourse Small stream, creek.

Yr Year.

4 AVERAGE RECURRENCE INTERVAL

4.1 Minor System 1. The design average recurrence interval to be adopted for the gutter and piped stormwater

(minor) system must be as indicated below:

a) Road Drainage (Longitudinal)

i) For all land use types including rural residential, urban residential, commercial and industrial, the ARI must be 10 years. In new residential subdivisions where overflow paths are provided in accordance with Section 8 of this Chapter and are capable of safely discharging stormwater flows into receiving waters the ARI may be reduced to 5 years.

b) Stormwater Within Development Sites

i) For all land use types including rural residential, urban residential, commercial and industrial, the ARI must be 10 years. Refer to Section 12 of this chapter to for on-site detention requirements.

4.2 Major System 1. The major system, which includes “escape routes” or overland flow routes for flows in excess of

the piped system capacity must be designed and/or checked for a 100 years ARI event.

4.3 Trunk Drainage 1. Trunk stormwater systems, which include open channels, large conduits and overland flow

paths are to cater for storms up to the PMF event.

4.3.1 Road Culverts 1. Culverts under local/collector roads must be designed in combination with an overflow route.

2. Overtopping of roads may be permitted, provided the following criteria are adopted when designing road crossings:

a) The road crossing must be designed such that the peak overtopping velocity and depth which is within safe limits and is of low hydraulic hazard (see NSW Government’s Floodplain Development Manual).

b) The appropriate blockage factor in accordance with Section 10.3.2 of this chapter.



c) The road section must be able to withstand such overtopping without scour.

5 PRELIMINARY LAYOUT OF PROPOSED STORMWATER SYSTEM

1. The determination of stormwater paths will require a site survey to be carried out. Existing stormwater systems must be analysed using either reliable work-as-executed plans or alternatively, if these are not available, a field survey will be necessary.

2. Once the survey information is available, a proposed stormwater layout is plotted taking into account rainfall data applicable to the site, times of concentration, gutter and pit capacities.

3. An approximate procedure for locating pits is detailed in “Technical Note 2” in ARR and Section 7 of this chapter.

4. Catchment areas for each pit can then be defined once the pipe layout has been established. A site inspection should be carried out to determine the effect of features that could alter the assumed catchment boundaries and flow paths such as existing or proposed fencing, retaining walls or other structures.

5. Sub-area discharges can be calculated using the procedures detailed in Section 6. Major system flow paths should be identified at this stage and analysed using the procedures detailed in Section 8.

6 ESTIMATION OF MINOR SYSTEM FLOWRATES

6.1 Design rainfall intensities 1. Rainfall intensities adopted for design must be derived using the methods detailed in ARR for

the appropriate duration and average recurrence interval.

6.2 Times of concentration 1. Overland flow times must be determined using the Kinematic Wave Equation as detailed in

“Technical Note 3” of ARR. The time of concentration is made up of a number of components including pipe flow time and channel time.

2. Gutter flow times can be determined using the procedure detailed in “Technical Note 4” of ARR.

3. The value of the Retardance Coefficient “n*” used in the calculation of overland flow time must be the appropriate value listed in Table 1 below.

Table 1: Surface Retardance Coefficients

Land Use Retardance Coefficients (n*) Road/Paved Areas 0.01 Parkland – Grassed 0.17 Open Space (Natural Bushland) 0.30



6.3 Runoff coefficient 1. The runoff coefficient to be adopted for design must be determined from Figure 1 below.

2. The runoff coefficient must be estimated separately for each land use. Table 2 below gives specific values of percentage impervious area for various types of land uses.

0.7

0.8

0.9

1

0 20 40 60 80 100

% Impervious Area

Co-

Effi

cien

t

100yr 50yr

20yr

10yr

5yr

Figure 1: Determination of Runoff Coefficient Table 2: Percentage Impervios Area for Landuse type

Land Use Percentage Impervious Area Normal Residential Lots 60% Half Width Road Reserve 95% Medium Density Residential Lots 80% Commercial Areas 100% Industrial Areas 100% Public Recreation Areas 25%

3. Actual percentages of impervious area may be used as long as they take into account the ultimate development of the site.

6.4 Sub-Area Discharge 1. The discharge at the outlet of each sub-area may be calculated using the Rational Method. A

plan of the adopted sub-area/s must be submitted. A typical sub-catchment layout and calculations can be found in “Technical Note 6” of ARR.

Q = C.I.A./0.36 Where Q is the design flowrate (l/s) C is the runoff coefficient



I is the rainfall intensity (mm/hr) A is the area of the sub-catchment (ha)

The calculations should be set out in tabular form similar to those shown in “Technical Note 6” of ARR.

2. Partial Area Effects

a) Partial area effects in some cases may result in larger discharges than when full catchment areas are used. This is mainly caused by catchment shape or variations in slopes and land use within a sub-catchment. In large developments, such as large industrial or high density residential developments, a partial area discharge must be checked against that obtained using the full area.

b) These calculations should be set out in tabular form similar to those shown in “Technical Note 6” of ARR.

6.5 Estimation of flowrates by computer models 1. The discharge at the outlet of each sub-area may also be calculated using computer models.

When computer models are used, the input parameters and assumptions made must be clearly described and justified.

2. A hardcopy of the results as well as a summary table showing all relevant information must be submitted with the application.

7 PIT INLET DESIGN

7.1 Pit Location 1. For the minor system ARI, kerb inlet pits must be located in the following positions:

a) At the upstream tangent point of the kerb return (i.e. at an intersection).

b) Where the gutter flow width exceeds 2.5 metres.

c) Where the gutter flow depth exceeds the top of kerb.

d) At each low point of the kerb and gutter. Where serious flooding could result if the main pit was 50% blocked then an auxiliary pit must be provided such that the combined system caters for the minor system flowrate without overtopping.

e) Clear of driveways, accessways and pedestrian pram ramps.

f) Where spacing between pits exceeds 80m.

g) In line with common lot boundaries.

h) Such that the depth of flow in the low side kerb and gutter does not exceed the crest level of driveways to properties below road level.

7.2 Inlets and their Capacities 1. The capacity of any type of inlet involves determining the quantities and characteristics of the

flow approaching the inlet.

2. The minimum blockage factors to be used in the analysis of sag pits and pits on grade are 50% and 80% respectively.



3. All new work must use combined galvanised grates with lintels. For slopes greater than 5%, deflectors shall be incorporated into the design.

8 MAJOR SYSTEM FLOWS

8.1 Definition 1. Major system flows are flows in excess of the minor system capacity. These major system

flows shall be catered for by providing suitable escape routes such that they do not present a danger to life and property. These overland flow paths (ie. escape routes) shall have a capacity to carry major system flows up to the 100 year ARI.

2. The following overland flow paths may be used to act as major system flow routes:

(a) Roadways including footpath;

(b) Pathways; and

(c) Parkland or open space..

8.2 Safety 1. In the design of these overland flow paths the actual flow depth must be taken into account

when establishing an appropriate design value of V*D. Reference should be made to the Floodplain Development Manual 2005 to determine safe values of V*D.

2. Stormwater drainage designs must take account of the existing flood behaviour and at the very least ensure that it is not made worse by any proposed works.

8.3 Continuity 1. Consideration must be given to continuity of the overland flow path and as such where, for

example, a roadway acting as an overland flow path discharges stormwater to a pathway, park, stormwater reserve, etc. the footpath must have a reverse crossfall to facilitate the overland flow. Other obstructions, such as fences, must not traverse these flow paths.

2. Consideration should also be given to low points near kerb returns. That is, the grading of the kerb return should be such that water flows around the return and away before it breaks over the top of the kerb at the low point.

8.4 Road Reserve Flow Capacity 1. Flow capacities of road carriageways having widths of 6 metres, 8 metres and 12 metres with

varying longitudinal slopes can be found within Appendix 7 to this chapter. If the roadway alone does not provide the required capacity, the entire width of the road reserve may be used as the flood path subject to velocity and depth restrictions.

2. Technical Note 6, in ARR details a procedure for analysing major system flows. Alternatively, a computer model may be used, providing the input parameters and assumptions are clearly described and justified.

3. A hard copy of the results as well as a summary table showing all relevant information must be submitted with the application.



9 HYDRAULIC DESIGN OF MINOR SYSTEM 1. The hydraulic design of the minor system must be carried out using the hydraulic grade line

method. The results can be determined either by manual calculations or by using a computer program. Where a computer model is used, the input parameters and assumptions shall be clearly described and justified.

2. A hard copy of the results as well as a summary table showing all relevant information must be submitted with the application. The following information must be taken into account:

a) Pipe Friction Recommended pipe friction coefficients to be used are shown in Table 3.

Table 3: Recommended Pipe Friction Coefficients

Pipe Material Manning’s “n”

Colebrook-White “k” (mm)

Concrete 0.012 0.6 Fibre Reinforced Concrete 0.01 0.15 UPVC 0.009 0.05

b) Downstream Control Points

For both the designing of a new system and the checking of an existing system, the following control points apply:

i) For a submerged outlet discharging into tidal water, the level to adopt must be RL 1.28m AHD. This level is based on the 1 year ARI storm surge tide which is assumed to coincide with the runoff peak from the design recurrence interval storm on the catchment.

The pipe invert must be above RL 0.00m AHD or above siltation level, whichever is higher.

ii) For an outlet draining the local system and discharging into an open channel or body of water serving a catchment of comparable size to the local catchment, the tailwater in the channel immediately downstream of the outlet must be determined by using Manning’s Equation to find the normal depth. This water level becomes the control point, unless there is an obvious downstream control that makes it necessary to perform a backwater analysis.

iii) For an outlet draining the local system and discharging into an open channel serving a catchment much larger than the local catchment, the determination of the tailwater shall be based on a hydrograph analysis, which has considered phase differences between the two catchments.

iv) For a free outlet, the control point is taken as the greater of tailwater depth or dc + D2 where dc =

critical depth in pipe, and D = diameter of pipe.

v) If a new system connects to an existing system and there will be significantly increased discharges in the existing system, the existing system must be checked to assess its adequacy in carrying the increased discharge. This checking must extend down the system until either the increase in discharge becomes insignificant (less than 5%) or the outlet is reached.

c) Pit Loss Factors

Either the Missouri Charts or Hare Charts may be used in calculating hydraulic losses in pits. Benching in pits may be used to assist in reducing pit losses where desirable.

d) Drop Pits

Drop pits occur where there is a substantial difference between the invert of the inlet and obvert of the outlet. Usually, this results in the water losing all of its forward velocity and momentum. Very large



headlosses can be expected due to the need to accelerate the water from rest and due to the turbulence caused by the incoming water.

When the obvert of the outlet pipe is at or greater than Do/4 (Do = diameter of outlet pipe) below the invert of the upstream pipe, the inflow must be regarded as grate flow.

e) Pipe deflection and Mitre Bends

Pipe manufacturer’s allowable pipe deflection angles and mitre bends may be used for changes in direction in the horizontal plane only where the use of junction pits are not required. Appropriate headlosses are to be taken into account.

f) Pit Freeboard

A zero freeboard may be adopted.

g) Pipe Velocities

The maximum and minimum velocities for reinforced concrete pipes must be 8m/s and 0.6m/s respectively, or as recommended in the manufacturer’s specifications. For all other pipe types, refer to the manufacturer’s specifications.

h) Minimum/Maximum gradients for Pipes

The minimum and maximum gradients to be adopted for pipes must be in accordance with the relevant Australian Standards or as recommended in the manufacturer’s specifications.

i) Anchor Blocks

Where the grade of the pipe exceeds 15%, concrete anchor blocks must be provided as a minimum at every third collar or as recommended in the manufacturer’s specifications.

j) Pipe Class, Cover and Joints

The class of pipe used must be compatible with the loading it will be subjected to.

• The calculation of working loads and methods of installation of buried concrete pipes must be in accordance with AS3725 "Loads on Buried Concrete Pipes".

• Cover over pipelines must comply with the relevant Australian Standards, but generally should not be less than 300mm in landscaped areas and 450mm in areas subjected to vehicle loads, with the exception of pipelines laid under the footpath which connect to a kerb.

• Rubber ring jointed concrete pipes must be used for all road stormwater applications. Pipelines shall have a minimum diameter of 375 mm when used for road drainage applications.

k) Hydraulic Design Calculations

Technical Note 9 of ARR details the recommended methods for hydraulic design calculations. Alternatively, a computer model may be used, providing the input parameters and assumptions are clearly described and justified.

A hard copy of the results as well as a summary table showing all relevant information must be submitted with the application.



10 TRUNK DRAINAGE

10.1 General 1. Trunk drainage carries runoff from local street drainage systems to receiving waters. Trunk

drainage systems serve catchments larger than 15 hectares and can include the following elements:

a) Natural watercourses or artificial open channels. For the purpose of this document, the term “natural watercourse” is considered to be a defined path which stormwater follows and includes channels and any overbank flow path. The provision of channel lining or enclosure by pipes, etc. does not in any way diminish the fact that the flow path is a natural route for the stormwater. In areas of uncertainty, the Manager Infrastructure will determine its existence.

b) Culverts and road crossings exceeding 900 mm in diameter.

c) Naturally occurring ponds and lakes exceeding 1000m3 capacity.

d) Transition and hydraulic structures.

e) Artificial detention/retention storages exceeding 1000m3 capacity.

10.2 Estimation of Flowrate 1. An appropriate runoff routing model must be used to estimate design flowrates at suitable

points along a trunk stormwater system. It is necessary to estimate runoffs using storm patterns of different durations to determine the critical storm. Such patterns are obtained from ARR. The model should reflect the existing conditions of the catchment.

2. The model chosen must be calibrated against a recorded storm event if available; otherwise the model must be compared with at least one other runoff routing model and/or the Probabilistic Rational Method. If calibration is to be made against the Probabilistic Rational Method, then once calibration is achieved, model parameters must be adjusted to take into account the extent of urbanisation.

3. The model eventually chosen must be justified for its adoption.

10.3 Watercourses 10.3.1 Hydraulic Design - Estimation Of Design Flood Level

1. Hydraulic design or analysis of watercourses shall proceed with the use of Flood Water Surface Profile (FWSP) calculations as appropriate. These calculations may be done manually or by the use of appropriate computer models. Any assumptions made in the hydraulic analysis/design are to be clearly stated and shown to be justified. The hydraulic design will need to integrate current riparian management and related environmental considerations and policies as appropriate.

2. The data required for the hydraulic design or analysis including channel cross sections, hydraulic properties (e.g. roughness), dimensions of controls, obstructions, etc, shall be obtained by the proponent. This data shall be documented clearly and reflect both the existing and proposed hydraulic characteristics of the creek channel and floodway. Unrealistic approximations are not to be made on this data and all assumptions should be documented.



3. A sufficient number of cross-sections selected at appropriate locations both within the site and extending sufficiently upstream and downstream of the site shall be analysed in order to reflect flood behaviour. This would normally require that the hydraulic calculations extend to a boundary condition at the hydraulic control downstream of the site.

4. In the hydraulic design of watercourses (which includes modified stream channels and floodway systems), a freeboard of 0.5 metres to habitable floor level shall be provided above the 100 year ARI flood water surface level within the floodway for the profile that has been amended for blockage (see Section 10.3.2). If modifications are required to the creek channel or floodplain to convey larger than natural flows or if the proposal involves activities with 40 metres of the top of the creek bank, then liaison with DWE regarding requirements for a Controlled Activity Approval under the Water Management Act 2000 is encouraged to be undertaken and integrated into the hydraulic design. This will ensure the hydraulic design appropriately integrates the final landform with geomorphic and riparian environment enhancement requirements. This will also reduce the number of iterations of hydraulic computations and reduce the overall timeframe and cost of the assessment process.

10.3.2 Conduit Blockage 1. General

a) Historical evidence indicates a high probability of blocking of structures located along watercourses during major flooding. Evidence indicates that the debris source is catchment wide.

2. Blockage Criteria

b) Based on a detailed evaluation of flood behaviour during the major floods of 17 August 1998 and 24 October 1999 the following blockage factors are to be applied to structures across all watercourses when calculating design flood levels

i) 100% blockage for structures with a major diagonal opening width of <6m.

ii) 25% bottom up blockage for structures with a major diagonal opening width of >6m For bridge structures involving piers or bracing, the major diagonal length is defined as the clear diagonal opening between piers/bracing, not the width of the channel at the cross-section.

iii) 100% blockage for handrails over structures covered in (i) and for structures covered in (ii) when overtopping occurs.

3. Cross Catchment Flow Diversion Investigation.

a) Flood Water Surface Profiles are to be developed upstream from each control structure to which blockage factors are applied. These profiles are to extend until the normal non-blocked profile is reached (ie afflux due to blockage is reduced to 0mm). Expected cross-catchment diversion flowpaths as a result of the afflux associated with blockage are to be identified. Where this is an issue, appropriate survey information at the structure and along the top of both banks will be required and is to be plotted against the computed Flood Water Surface Profiles until the afflux effect diminishes to zero.

b) Where flow diversions are identified, account shall be taken of the future potential for installing measures to prevent the flow diversion occurring. (That is, a flood mitigation device may be installed to manage the diversion). The impact of such a device on the proposed development shall be considered and appropriate measures included in the design of the development.

4. Provision of Debris Control Structures

c) Historical evidence indicates debris loading in major flooding is catchment wide. Evidence also suggests the blockage occurs in a cascading fashion down the catchment. Therefore the appropriate blockage factor indicated above is to be applied unless a catchment wide program for debris control is part of an adopted Floodplain Management Plan and has been fully implemented. Provision of localised upstream control measures (trash racks, settling basins etc) will not remove the blockage requirement for individual structures.



5. Hydraulic Performance

a) Hydraulic performance defined using the blockage factors outlined in 10.3.2(b) is to be used to evaluate flood behaviour at individual sites. Tailwater effects on the site due to blocked structures or other downstream constraints are to be considered in flood level derivation. This applies to both levels associated with the immediate watercourse as well as potential overland flow diversions from adjacent watercourses.

6. Design of New Structures

b) Design of new structures across watercourses is to be carried out in an iterative manner as indicated below:

i) Design is to consider the impacts of downstream structures and other downstream constraints and the associated tailwater effects.

ii) Structure is to be sized using conventional (non-blocked) design criteria.

iii) Dependent upon the classification of the road, the structure is to be sized to convey the ARI event.

iv) The appropriate blockage factor outlined in 10.3.2(b) is to be applied.

v) Adjusted surface profiles upstream and downstream of the new structure as a result of the blockages are to be calculated. Profiles are to extend until the afflux due to the blockage and the new structure is exhausted;

vi) Longitudinal plots should be provided for existing and proposed conditions for both the blocked and unblocked cases.

vii) Flows in the 100 year ARI event, in excess of the stated blockage percentage are to overflow the structure in a defined flowpath ensuring that this is consistent with the pre-structure flowpath. A check is to be made on an extreme event of 3 times the peak of the 100 year ARI event to ensure the flowpaths for rarer events remain the same.

viii) Flood Hazard considerations need to be identified, planned and managed on all overland flowpaths.

ix) Design is to make provision for the movement of both terrestrial and aquatic fauna under the road.

x) Where the profile adjusted for blockage alters flow conditions such that:

• Flood levels to existing or potential development areas are raised;

• Additional overland flowpaths develop; and

• Cross catchment diversions are created.

c) Compensating measures are to be considered to be incorporated into the new structure design to ensure pre-structure conditions are not made worse.

d) Compensatory measures which themselves will require a full assessment may include:

i) Hydraulic measures to facilitate streamlined overtopping of the structure; stream re-entry points shall be determined and checked for adequacy against erosion. Erosion protection measures may be required;

ii) Additional hydraulic capacity of the total floodway upstream and downstream of the site (this option will need to checked against Council’s Riparian Corridor Management Study, DWE’s Controlled Activity Approval and other state policy requirements);

iii) Additional diagonal width of structure opening to minimise blockage potential; and

iv) Upstream levees to contain elevated flows.



e) Because of the scale of the debris source, localised debris control structures will not be allowed to justify overriding of this clause.

f) The appropriate blockage factor may be negated where a catchment wide program for debris control is part of an adopted Floodplain Management Plan and has been fully implemented.

7. Applicability

a) Section 10.3 applies to all watercourses including creeks, floodway and other trunk drainage systems within the City of Wollongong with the exception of the minor system as defined in the Introduction to this chapter DCP. It does not apply to pit blockage. This consideration is set out in Section 7.2.

b) It will be applied to all flood study models being developed under Council’s floodplain management program.

c) It is to be applied to all localised flood studies to support individual development proposals.

10.3.3 Ocean Levels

1. Flood surface profiles must be determined using the following criteria:

a) Adopting a 100 year ARI ocean level of RL 2.9m* AHD and a 10 year ARI fluvial flood.

b) Adopting an ocean level of RL 1.9m* AHD and a 100 year ARI fluvial flood.

2. The greater value of the above shall be adopted to determine the minimum habitable floor level . In the case of properties affected by flood levels in Lake Illawarra, flood surface profiles shall be determined using the following criteria:

c) Adopting a 100 year ARI Lake level of RL 2.3m AHD and a 100 year ARI fluvial flood.

d) Adopting a 1 year ARI Lake level of RL 1.57m AHD and a 1 year ARI fluvial flood.

e) The greater value of the above shall be adopted to determine the minimum habitable floor levels.

* A value of 0.4 metres has been included for the effects of climate change in the period up to the year 2050. For developments including essential community facilities, critical utilities and subdivisions creating more than 10 lots, a 100 year ARI ocean level of RL 3.4m AHD shall be adopted for item (i) and RL 2.4m AHD shall be adopted for item (ii). Certain commercial buildings will be required to adopt the higher flood levels. The Manager Infrastructure shall be the determining authority on when these higher flood levels are to be adopted.

10.3.4 Flow Velocities

1. Maximum flow velocities in channels and overland flow paths that are grass-lined must be restricted to 2m/s. Designs must ensure that flow is subcritical. Supercritical flow must be avoided, however, where this cannot be prevented as in the case of an existing open channel, fencing to the satisfaction of the Manager Infrastructure must be provided for the length of the open channel where supercritical flow occurs.

10.3.5 Scour Protection

1. Adequate scour protection must be designed for all discharge points into and out of the channel. It must also be provided at any point along the channel where there is a significant change in flow conditions.

10.3.6 Batter Slopes

1. Side slopes of grassed channels should be relatively flat. The desirable batter slope must not be greater than 1 vertical to 6 horizontal. However in difficult circumstances a 1 vertical to 4 horizontal may be considered.



10.3.7 Modifications to Watercourses

1. Modifications to natural watercourses are generally not permitted, as they adversely impact on a number of issues including:

• Hydraulic function

• Channel pattern and form

• Long-term channel stability

• Aesthetic appearance

• Aquatic and bankside habitat diversity

• Water quality

2. Any proposals involving modifications to watercourses will require the submission of a detailed hydraulic assessment as well as a thorough environmental impact assessment of the prepared watercourse modification. Modifications to watercourses will only be considered where no other alternative exists, such as when scour within the watercourse threatens the stability of a dwelling or other high value asset. The reduction of development potential as a result of not modifying a watercourse will not be considered justification for such modification.

Note: lodgement of an Integrated Development Application will be required for any involving modified to a watercourse since the concurrence of the NSW Department Water and Energy will be required pursuant to the requirements of the Water management Act 2000.

11 MANAGEMENT OF STORMWATER FROM DEVELOPMENT

11.1 General 1. The guidelines contained within this Section must apply to all developments within the City of

Wollongong.

2. The responsibility for the submission of satisfactory details as required in these guidelines must rest solely with the applicant.

3. Detailed plans showing the proposed method of stormwater disposal are to be submitted to Council with the Development Application, and are to be shown on the plans prepared in support of the Construction Certificate, as approval will not be granted for any work commencing on site until the stormwater disposal system has been approved.

4. The guidelines that follow are grouped into sub-sections, each dealing with separate issues. At the end of each sub-section, the information, which must be submitted to Council, is outlined.

5. Generally, all stormwater designs/investigations must be prepared in accordance with all relevant sections in this chapter. To prevent delays in assessment, the applicant should ensure that all necessary details included in this chapter are submitted.



11.2 Development Sites Affected By Flooding 11.2.1 Flood Studies 1. Flood studies must be prepared by suitably qualified civil engineers. The flood study must be

prepared in accordance with the relevant sections of this Chapter. Both the 100 year ARI and PMF flood events must be adopted to assess the effects of flooding on the proposed development site and adjacent properties. In certain circumstances, it may be necessary to assess the effects from lesser storm events.

2. An investigation of the effects on the proposed development of upstream diversions caused by blockages and inappropriate development needs to be undertaken as part of the overall flood study.

3. Council will request a flood study to determine the effects of a proposed development on flooding or conversely, the effect of flooding on a proposed development. Flood studies will be required for any type of development where the development occurs in the floodplain or in areas of where overland flow is suspected. The hydraulic component of the analysis shall be undertaken in accordance with Section 10.3 of this chapter. Unless it can be demonstrated that it is not applicable, flood studies shall be prepared using a fully dynamic 1 or 2 dimensional computer model. The model chosen shall be calibrated against a recorded storm event if available. All input parameters and assumptions made must be clearly described and justified. A hard copy of the report, including all results, results summary table, and all the relevant information must be submitted with the application.

11.2.2 Other Stormwater Designs 1. The design of all stormwater drainage systems must be carried out by a suitably qualified civil

engineer, with the exception of stormwater systems conveying 55 L/s or less in the 100 year ARI storm event.

11.2.3 Flood Planning Levels 1. Flood Planning Levels (FPL) for all development must be determined in accordance with the

Floodplain Management chapter in Part E of this DCP and the NSW Government Floodplain Development Manual. The FPL is determined by the addition of a freeboard to the calculated 1 in 100 year ARI flood level. The freeboard to be adopted is as follows:

• For the Lake Illawarra floodplain 0.7 metres

• All other floodplains… 0.5 metres

11.2.4 Vehicle Parking Requirements 1. Parking area levels are to be set in accordance with requirements of the Floodplain Management

chapter in Part E of this DCP.

2. Basement Car Parks are to be protected from inundation from 100 year ARI flood levels (or greater), ensuring all vehicular access, doors and ventilation points are a minimum of 0.2m above the 100 year ARI flood level.

11.2.5 Filling of Flood Liable Land Refer to the Floodplain Management chapter in Part E of the DCP.



11.3 Disposal of stormwater from development sites 11.3.1 Control of Peak Discharge

1. A consequence of increasing urbanisation and intensification of development, without proper safeguards, is an increase in stormwater runoff. This increase can overload existing drainage systems, both major and minor, with resulting nuisance and potential damage to existing properties.

2. One of the methods adopted by Council to alleviate the problem is to require developers to include detention storage in developments.

3. Detention storage is the provision of depressed areas or specific storages in paved or landscaped areas that are provided with relatively small stormwater outlets, to detain a volume of water for a short duration, during more intense storms. This prevents or mitigates any increase in peak stormwater flow rates from development and delays the peak volume of runoff. Section 12 of this chapter outlines Council’s requirements for on-site stormwater detention.

11.3.2 Amplification of Council’s Stormwater Drains 1. The capacity of the stormwater system into which stormwater from the development discharges

into, must be checked in accordance with Section 9(b)(v). If part of the stormwater system is found to not have the required capacity, then that part must be augmented/ amplified to take the additional flow.

11.3.3 Discharge of Stormwater to a Watercourse 1. Stormwater may be discharged to a watercourse. The watercourse to which it is proposed to

discharge stormwater must be well defined, having defined bed and banks. Depressions in landforms are not considered to be watercourses.

2. If there are no other means of disposal, and a defined watercourse is not in the immediate vicinity of the site, the disposal must be by a suitably designed and constructed pipeline to a point where the watercourse is clearly defined. Note: stormwater must not be discharged at the top of the bank of the watercourse.

11.3.4 Discharge of Stormwater to the Kerb 1. Where the total minor system discharge from a development site does not exceed 55 litres per

second, it may be discharged into the street gutter under gravity by means of one or more pipes of 100mm diameter. A maximum of two 100mm diameter pipes will be permitted at each end of the site. A maximum of two 150mm x 100mm galvanised steel pipes may be used as an alternative if greater capacity is required, with the 150mm dimension being parallel with the road surface. In cases where this is impractical, Council may consider the use of flow converters. Note: charged stormwater lines will not be permitted.

11.3.5 Discharge of Stormwater to Council’s Drains 1. Where the total minor system discharge from a development site exceeds 55 litres per second,

the disposal of all roof and surface discharge must be by means of a single pipeline connected directly into an existing Council stormwater pipeline.

2. Where no pipeline exists in the immediate vicinity of the development, disposal must be by a suitably designed and constructed pipeline to the nearest available Council gully pit. The minimum pipe size must be 375mm in diameter and must be of reinforced concrete. The reinforced concrete pipe must be located immediately behind the line of the back-of kerb in the carriageway of the street.



11.3.6 Discharge of Stormwater through Downstream Properties 1. Where a site proposing a new development falls away from the road reserve, an easement

must be obtained through downstream or adjacent properties, to enable stormwater from the development site to drain in the same direction as it would in the pre-developed state. Therefore the submission of documentary evidence is required at the lodgement of the Development assessment which confirms that the downstream property owner agrees to the provision of a drainage easement through their property .

2. Where no building development exists within the site proposed to contain the easement, the minimum width of easement must be 1.0 metre. In sites which contain a building development and through which an easement is proposed, a minimum width of 0.9 metres may be used.

3. The minimum diameter of pipe to be placed within the easement is 150mm.

4. Evidence that the easement has been created must to be submitted to the Principal Certifying Authority prior to the issue of the Construction Certificate.

5. Some sites that fall away from the road still discharge some stormwater to the street. This may be due to some portion of the land draining to the street; an existing building that has piped stormwater flow draining to the street or existing raised landscape areas that drain to the street. In such cases, an equivalent stormwater flow rate, as that which occurs in the pre-development case will be permitted to drain to the street post-development.

6. In all cases, it must be clearly demonstrated that the post-developed flow rates and flow concentrations from the development site are not greater than the pre-development condition.

11.3.7 Discharge of Stormwater into Swales 1. In rural areas where no pipeline or kerb and gutter exists within the road reserve to which

discharge is proposed, then discharge may be permitted within stormwater swales alongside the pavement. The swale shall be designed against scour and shall have a cross section adequate to convey the minor system flow rate.

11.3.8 Interallotment Drainage 1. Interallotment drainage must be provided to drain lots within proposed subdivisions where roof

water and surface water from future development cannot be discharged directly into the street drainage system. Interallotment drainage must be provided in the form of a minimum 150mm diameter PVC Class SH single pipeline collecting runoff from properties through which the pipeline traverses and discharging to an appropriate point of discharge. Refer to 11.3.3 and 11.3.5.

2. Interallotment drainage shall be designed for a 10 year ARI event unless noted otherwise. The pipeline must generally be located parallel to and within 1 metre from the rear or side boundary inside the allotment to be serviced.

3. A minimum 1.0 metre wide easement shall be created over all interallotment drainage pipelines and reflected on the subdivision linen plan and 88B instrument.

11.3.9 Discharge of Stormwater Through Public Reserves 1. When a public reserve downstream of the development site must be traversed with a

stormwater pipeline in order to reach an appropriate point of discharge, prior approval must be obtained from Council. If approval is granted, Council reserves the right to require the owner of the land benefiting from the existence of the stormwater facility to remove and relocate same at any time, subject to one month’s written notice by Council, with all associated costs being the responsibility of the owner of the benefiting land.



2. Where such a stormwater pipeline is proposed within Council owned, controlled or managed land, negotiations must be entered into with Council’s Property Division.

3. Alternatively, an absorption or transpiration pit may be used to capture and drain stormwater from development sites where they naturally drain to public reserves. Such pits must be constructed wholly within the development site and should not be used as storage to control peak discharge of stormwater from the development site. Development Application must be accompanied by an engineer’s certificate certifying that the proposed absorption pit will not adversely affect flood conditions in public reserves or on adjacent properties. In this case, the use of such pits will not be permitted. Refer to Section 11.3.12 for further details on absorption and transpiration pits.

11.3.10 Discharge of Stormwater to the Ocean 1. Individual stormwater outlets from a development site to the ocean are generally not permitted.

Rather, proposed outlets are to be connected to existing outlet to minimise environmental and visual impacts. Evidence must be provided demonstrating that the sharing of common stormwater outlets from existing developments or public infrastructure (such as reserves and roads) has been exhausted, before the creation of a new separate outlet will be considered by Council. In the event that there is no alternative the applicant must provide details of the method of stormwater disposal at the ocean outfall/cliff face. In this regard the applicant must address the aesthetic qualities and environmental impacts of the method of stormwater disposal. Geotechnical considerations along the length of and at the point of discharge must also be taken into account. This may require stormwater from the development being piped and/or channelled to the foot of the outfall/cliff face with appropriate scour protection and energy dissipating elements incorporated into the design.

11.3.11 Pump Systems 1. Pump systems will not be permitted to discharge stormwater from sites grading away from the

roadway, except for the specific purpose of draining underground/basement car parks The water to be pumped from a basement car park shall be limited to sub-soil drainage, vehicle wash water and runoff from the driveway that drains towards the basement. Water to be extracted from the basement car park should be pumped to a pit inside the property boundary then gravity feed to street.

2. Drainage of stormwater runoff from roof and ground surfaces using submersible pumps is not permitted, with the exception of the above.

11.3.12 Absorption and Transpiration Disposal Systems 1. The objective of an absorption and transpiration system is to dispose of roof water from the

subject dwelling to either an underground system or over the existing ground surface by replicating natural overland flows and without adversely impacting upon the subject or downslope properties/ buildings.

2. An absorption disposal system or “soakaway” is the preferred method of disposing stormwater from a single dwelling only where site gradients do not allow for street gutter disposal or disposal via an interallotment drainage pipeline.

Note: Absorption disposal systems shall not to be used as storage facilities to control peak discharge of stormwater from development sites.

3. Also, absorption disposal systems should not be used for sites having steep gradients, low hydraulic soil conductivity or slope instability unless supported by further detailed engineering advice.



4. Further information on absorption disposal systems can be sourced from Council’s ‘Domestic Stormwater Drainage Systems’ fact sheet.

5. A transpiration disposal system or “level spreader” is an alternative method of disposing stormwater from a single dwelling only where site gradients do not allow for street gutter disposal or disposal via an interallotment drainage pipeline and where an absorption system is not otherwise considered suitable.

6. The location of an absorption or transpiration disposal system must be across the gradient of the site, and situated a minimum of 3 metres from property boundaries, 5 metres minimum distance from all buildings and 1 metre minimum from vehicular pavement areas. A zero setback from the downslope property boundary may be considered where the property is public reserve.

7. The design of any absorption or transpiration disposal system shall be undertaken in accordance with Council’s ‘Domestic Stormwater Drainage Systems’ fact sheet. The design of the chosen system, including all calculations and supporting documentation shall be submitted with the Development Application for the proposed development.

8. Absorption and transpiration disposal systems will not be permitted for developments, with the exception of single residential dwellings in older subdivisions and the provisions of section 11.3.9.

9. Absorption systems on unstable land must take into consideration the recommendations of a geotechnical report.

11.3.13 Minimum Pipe Size Connecting to Council’s Drains 1. Where connection must be made to Council’s underground stormwater system, the minimum

pipe size crossing the footpath directly in front of the allotment must be 150mm in diameter.

11.3.14 Method of Connection to Council’s Drains 1. Where connection is to be made to Council’s underground stormwater system, the type of

connection to be used must be as shown in Drawing 842 of Appendix 9.

2. Where pipes larger than 150mm in diameter are to be connected to Council’s stormwater system, a junction pit must be constructed. The lid of the junction pit must be level with the road surface. The cover over the junction pit must be of a type and of the same material as that surrounding the pit. The covers must be designed to withstand the appropriate vehicle loading.

11.3.15 Drainage Work in Footpath/Carriageway 1. Any drainage works proposed within the footpath or carriageway shall be undertaken by a

Council approved contractor at the expense of the developer.

2. Prior to undertaking the works, the developer shall obtain a permit and arrange inspections with Council’s Regulation and Enforcement Division.

11.3.16 Services 1. The depth and location of all services (i.e. Stormwater, gas, water supply, sewer, electricity,

telephone, traffic lights, etc.) which may affect the drainage design must be confirmed prior to the submission of final working drawings with the Construction Certificate application.



11.3.17 Flow from Adjacent Properties 1. No obstruction to the overland flow of stormwater runoff from adjacent properties is permitted.

Allowance must be made for this overland flow component and adequately catered for on the subject property. In calculating this component, the entire catchment upstream of the subject property must be taken into account.

2. The diversion of this overland flow to the street, the rear of the subject property or in any other direction other than that in which it would naturally flow will not be permitted.

11.3.18 Sumps and Inlet Pits 1. Sumps and inlet pits must conform to the standards shown in Appendix 8. Alternatives to cast- in-situ concrete may be acceptable subject to approval from the Manager Infrastructure.

2. Heavy-duty cast iron or galvanised and lockable steel grates must be provided on all surface inlet pits in areas with vehicular traffic.

3. The base of pits must be graded or benched to the outlet pipe. Weepholes in the base of pits are not permitted unless written evidence is provided by a suitably qualified engineer justifying the suitability of the site for this system.

4. Paved areas and driveways falling towards Council’s footpath must be provided with a full driveway width grated box drain at the property boundary, draining into the internal system and of minimal internal dimension of 200mm wide x 100mm deep.

5. Where affected by proposed driveways, existing kerb inlet pits must be modified to suit. In this regard, the existing lintel must be removed and replaced with a vehicular crossing. A new grate must be installed and incorporated within the layback by a Council approved contractor at the developer’s expense.

6. Access to existing properties fronting the drainage works must be maintained at possible times during construction. It would be prudent to provide some form of notification to the affected properties prior to commencement of works. This is particularly the case if any disruption to access will be required as a consequence of the works.

11.4 Conditions for Building over Common Stormwater Lines and Stormwater Easements

11.4.1 General 1. This section provides Council’s requirements for the erection of buildings/structures over and

adjacent to common stormwater line easements and common stormwater lines.

11.4.2 Definitions (a) Common Stormwater Line (Interallotment Stormwater Line) Easement

An easement created over an allotment in favour of upstream allotments for the installation of drainage serving those allotments.

(b) Common Stormwater Line (Interallotment Stormwater Line)

A conduit provided to an allotment for the disposal of stormwater drainage.

(c) Owner

Means registered owner of a property or registered body corporate.



11.4.3 Common Stormwater Lines/Easements Council requires the following conditions to be met in the construction of buildings over common stormwater lines/easements:

1. Encroachments

(a) Generally, no structure of a permanent nature will be allowed on a common stormwater line or easement, except in special circumstances and subject to the approval of the Manager Infrastructure.

(b) In such cases, written approval is required by all owners benefited by the common stormwater line on the upstream side of the proposed encroachment.

(c) No encroachment will be permitted where that encroachment occurs within an overflow path.

2. Loads on Conduit

(a) Any structural component of the building, plant or machinery and fixtures is to be so constructed so as not to impose any dead or live loads on the stormwater pipeline and to permit excavation of the line without affecting the structural stability of the building.

(b) Where required by Council, the building is to be supported on stable foundations carried at least to the invert level of the pipeline.

3. Design of Adjacent Footings

(a) The footings and floor slabs required by (b) above must be designed by a Structural Engineer and submitted to Council for approval.

(b) No part of the structure, including footings, eaves and gutter overhang will be permitted to encroach into the drainage easement, except in special circumstances and subject to the approval of the Manager Infrastructure.

4. Access Pits

(a) Access pits are to be provided at points immediately upstream and downstream of the building on the stormwater line and any intermediate pits as may be required.

(b) Pits are to conform to Wollongong City Council Standards or an approved alternative.

5. Obstruction of Free Flow

(a) No work shall be carried out which will or is likely to inhibit or obstruct the free flow of waters through the stormwater pipeline and/or overland flow path.

6. Joints on Easement Boundary

(a) Where a reinforced concrete slab is provided for any purpose over the easement or pipeline, a construction joint shall be formed on the easement boundary.

11.4.4 Building Over or Adjacent to Council’s Easement 1. General

(a) Building over Council stormwater easements is generally prohibited. However Council may consider the construction of extremely light structures such as carports, pergolas, or other like minor structures over easements, subject to the approval of the Manager Infrastructure.



(b) In the event that access to the easement/pipeline is required, the cost of removal and restoration of any structures over the easement will be borne by the property owner.

(c) No construction over Council stormwater easements will be permitted where the easement contains an overflow path.

2. Footings Close to an Easement

(a) Where it is proposed to construct footings or foundations in the vicinity of a stormwater easement, Council may impose such conditions, as it considers necessary to protect the structural stability of the existing or proposed stormwater infrastructure.

(b) The walls of any structure adjoining the easement boundary must be designed by a suitably qualified Engineer to withstand all forces should the easement be excavated to existing pipe invert level. This may require foundations to be designed such that they are set to a minimum of 300mm below pipe invert level or founded on sound rock.

(c) There must be no loss of support of the land contained within the drainage easement as a result of excavation within the site.

(d) No part of the structure, including footings, eaves and gutter overhang will be permitted to encroach into the easement to drain water / drainage easement.

3. Concrete Slabs Over Easements

(a) Where approval has been given to construct a concrete slab over a piped drain within a stormwater easement (such as a concrete driveway) it will be necessary for the applicant to submit structural drawings showing slab thickness, reinforcement and jointing details and address all relevant items in section 11.4.3.

4. Structural Design

(a) Details of the design of piers, beams and footings prepared by a qualified Civil (or Structural) Engineer must be submitted for approval with the application.

12 ON-SITE STORMWATER DETENTION

12.1 Application of On-Site Stormwater Detention 12.1.1 Developments to which OSD Applies

1. OSD requirements generally apply to all types of development and redevelopment on both flood prone and flood free sites. However, the storage requirement is reduced in flood prone areas (Refer Section 12.2.2).

2. Developments covered by this Policy include the following:

(a) Subdivisions; the maximum size of subdivision to which this Policy applies is 2ha. It is recommended that wherever practicable, the OSD system be a single storage unit, either as a tank or an above-ground "community basin". OSD facilities for subdivisions of greater than 2ha should be designed using hydrologic and hydraulic analyses in accordance with Section 11.2 of this chapter.

(b) Development as follows (unless the development meets the exclusion criteria of section 12.1.2):

(i) Single dwellings including extensions, additions and improvements to existing dwellings;



(ii) Dual occupancies;

(iii) Townhouses, villas, residential flat building development ;

(iv) All commercial, industrial and special use developments and buildings;

(v) Tennis courts;

(vi) Roads, car parks and other sealed areas

(vii) Public buildings

12.1.2 Developments to Which OSD Does Not Apply

1. The OSD policy does not apply to:

(a) Development that increases the impervious surface area of a site by less than 75m2. No more than one such application for exclusion shall be permitted on a particular lot.

(b) Development that lies within the 5Yr ARI flood extents (Refer section 12.2.2).

(c) Subdivisions of existing dual occupancies where no increase in the impervious surface area is proposed.

(d) Boundary adjustments and consolidations of allotments where no additional lots are created.

(e) Change of use where no increase in the impervious surface area is proposed.

(f) Building additions or internal alterations where they lie within the footprint (plan area) of the existing dwelling.

(g) New developments in subdivisions where OSD has already been provided for the entire subdivision.

(h) Buildings in rural/non urban areas.

(i) In addition, OSD may not be required where development is located in the lower reaches of a catchment where OSD does not provide downstream benefits and where it can be demonstrated that runoff from the site can be conveyed through intervening property to ‘receiving waters’ without adversely impacting flooding of these properties. Areas where OSD would not benefit downstream flooding are shown on the plans of Appendices A1. together with streams qualifying as ‘receiving waters’. Should the location of the proposed development relative to the concession zone boundary or potential application of this concession to the development be unclear, please contact the Manager Design at Council for clarification.

12.1.3 Tributary Area Draining to OSD Basin

1. The full area draining to the proposed OSD basin post development, shall be used as the tributary area in calculations for OSD. This area includes:

(a) All impervious site surfaces on the developing site, and

(b) All pervious areas part of the developing site draining to the basin post development, and

(c) Any existing pervious or impervious surfaces external to the site where runoff from these surfaces can not be arranged to bypass the basin.

2. In general every effort should be made to

(a) Minimise the area of land, unchanged by the development, draining to the basin.



(b) Minimise the area of land draining to the basin from outside of the site.

12.2 Design requirements 1. All of the developing site’s impervious area is to drain to the OSD system. The minimum level of

impervious surface to be used in the calculation of SSR for the post development land use is that provided in Table 4 below, unless detail plans for the proposed development are available from which actual impervious surface levels can be calculated.

Table 4: Percentage Impervious Area for Land Use Type

Land Use Percentage Impervious Area

Normal Residential Lots 60%

Half Width Road Reserve 95%

Medium Density Residential Lots 80%

Commercial Areas 100%

Industrial Areas 100%

Public Recreation Areas 25%

2. Natural catchment boundaries are to remain unaltered. In situations where proposed impervious areas straddle natural catchment boundaries, multiple separate OSD systems shall be provided. Runoff from pervious areas which do not naturally drain to the OSD storage should, wherever possible, be designed to bypass the OSD system.

3. OSD needs to be considered and incorporated into a development as early as possible to ensure a holistic and economical design. The entire site drainage system needs to be considered during the design of a development to ensure that all runoff from impervious surfaces (roofs, gutters, paved yard areas and driveways, etc) is designed to flow into the OSD facility. In addition, a deliberate overland flow path must be created to convey these flows to the facility in the event of blockage or overload, free of obstructions such as fences, buildings, etc.

4. Detention storage is to be located at a level that is above the 5Yr ARI flood level. OSD systems are to be designed using a catchment wide approach, with a Permissible Site Discharge (PSD) and Site Storage Requirement (SSR) calculated in accordance with the procedures set out in this document.

5. Designs shall be prepared by a suitably qualified Civil Engineer in accordance with these requirements and to the satisfaction of the Manager Infrastructure. The OSD system should be designed to take into account principles of good aesthetics and landscaping. Long term viability and maintenance of the storage area must also be considered.

12.2.1 Freeboard

1. The minimum freeboard for the floors of any new structures such as garages, dwellings, commercial and industrial buildings to be constructed on the site, above the adjacent local 100 Yr ARI water surface level or 100 Yr ARI storage water surface level in the facility, shall be as set out in Table 5:



Table 5: Minimum Freeboard

Minimum Freeboard

Dwelling/commercial (habitable floors)

Garage Floors

Industrial Floors

+200mm

+100mm

at 100YR ARI water level

2. The proposed drainage works shall not reduce the freeboard of any adjacent buildings.

3. Where roof storage is proposed, freeboard requirements are not applicable.

4. It should be noted that Council’s minimum requirements for development on floodplains in which habitable floors are to be set at least 500mm above the 100Yr ARI mainstream flood level may lead to a requirement for a higher floor level than that set out in Table 5.

12.2.2 Flood Prone Land

1. As all land inundated in a 5Yr ARI flood event is effectively impervious once flooded, development on such land is excluded from this Policy, irrespective of its location in the catchment.

2. Where a Floodplain Management Plan has been prepared for the catchment, specific requirements for flood detention and/or storage within that Plan shall have precedence over this Policy.

12.2.3 Design Basis

1. The design objective of this section is the control of post development discharges, at all points in a catchment, to pre-development levels. This control is to be implemented by introducing small basins (OSD basins) on each developing site that serve to delay and reduce peak runoff from the site such that post-development discharges do no exceed pre-development levels anywhere in the catchment. Key to the design of these basins are two parameters, the permissible site discharge (PSD l/sec) and the site storage requirement (SSR m3). The PSD is the discharge limit for runoff from a development site, and SSR is the storage associated with this PSD, required to ensure that there is no increase in flood peak discharges anywhere in the catchment, for all storm frequencies and durations.

2. Two PSD and SSR values are used to describe a particular facility. PSD5 represents the peak discharge permissible in a 5 year ARI storm event and SSR5 the associated storage volume of the basin at that discharge. PSD100 represents the peak discharge in a 100 year event and SSR100 the corresponding basin volume at that discharge. Note SSR100 includes SSR5.

3. High early discharge pits (HED) are not permitted under this policy.

12.2.4 Determination of PSD and SSR for a Developing Site

1. As set out in section 12.1.3, the tributary area to be used in the calculation of PSD and SSR for the OSD basin required to manage runoff from the developing site is:

2. 100% of the impervious site area determined from Table 1 or detail plans for the development proposed on the site,

plus



Any pervious area draining naturally to the OSD facility from within or from above the site,

plus

Any existing impervious area draining naturally to the OSD facility from above the site

3. In summary, calculation of OSD requirements for a developing site is a two step process involving.

STEP 1 In this step the OSD requirements for a site transitioning from the existing condition to the post development condition are calculated.

STEP 2 This second step is only needed if the tributary area to the proposed OSD facility contains existing impervious surfaces. If there are areas of existing impervious surfaces present in the tributary area, the OSD requirements for a site transitioning from an un-developed natural condition to the present (partly developed) existing condition are calculated and the SSR requirements calculated in the first step are then reduced by the SSR requirements calculated in this second step.

4. In detail these steps involve:

STEP 1

5. In this first step, the OSD requirements are calculated for the post-development tributary area draining to the OSD basin reflecting the impervious area ultimately proposed. The PSD is calculated recognising the impact of any existing impervious area within this tributary area, on existing discharges (refer F1 in App A3). If under existing conditions the tributary area is not wholly natural (un-developed), F1 will be greater than 1, recognising the increased PSD of the existing (partly developed) tributary area relative to the PSD of a natural tributary area). Note that the existing impervious area used in the calculation of PSD is only the existing impervious area falling within the tributary area draining to the OSD basin.

6. The permissible site discharges from the post development basin are calculated from the rainfall isohyets, and tributary area as follows:

PSD5 = F15 x F2 x 2.67 x (Area/10,000) x I150 (l/sec) eq 1.4.4.1

PSD100 = F1100 x F2 x 4.67 x (Area/10,000) x I150 (l/sec) eq 1.4.4.2

Where PSD5 is the permitted peak discharge from the basin in a 5Yr ARI event

PSD100 is the permitted peak discharge from the basin in a 100Yr ARI event

I150 (mm/hr) is the one hour 50Yr ARI rainfall intensity at the site (refer App A2)

F15 and F1100 are the factors for existing impervious cover(refer App A3)

F2 is the factor reflecting variations in area from a 1Ha base (refer App A4)

Area (m2) is the tributary area draining to the OSD basin

Note both F15 and F1100 will be 1.00 if the existing tributary area is wholly

Undeveloped

7. The SSR volumes (m3) for the basin are then calculated from the above PSD values as follows.



SSR5 = F3 x F4 x 2.25 x PSD5/F2 (m3 ) eq 1.4.4.3

SSR100 = F3 x F4 x 2.25 x PSD100/F2 (m3) eq 1.4.4.4

Where:

SSR5 is the facility storage at a discharge of PSD5

SSR100 is the facility storage at a discharge of PSD100

F3 is the factor reflecting post development impervious cover (refer App A5)

F4 is the factor reflecting variations in area from the 1Ha base(refer App A6)

8. If there are no existing impervious surfaces in the tributary area, this completes the basin sizing calculations!

STEP 2.(Only required if there are existing impervious surfaces in the tributary area )

9. In this second step, The PSD and SSR values are recomputed for the previously defined tributary area to the OSD basin assuming it was initially in a natural state and was then developed to the existing (pre-development) state. In this scenario F1 will be 1.00 as the existing (pre-development) case is then natural. The existing impervious surface area used in step 1 then becomes the ‘post-development’ impervious area included in Step 2

10. The PSD’s and SSR’s for this scenario are then calculated as in STEP 1

11. The final PSD’s are those from STEP 1 (STEP 2 PSD’s are ignored) and the final SSR’s are the Step 1 SSR’s minus the Step 2 SSR’s.

12.2.5 Internal Drainage System

1. The stormwater drainage system (including surface gradings, gutters, pipes, surface drains and overland flowpaths) for the property must:

(a) Be able to collectively convey all runoff from the tributary area to the OSD system in a 1 in 100 year ARI rainfall event with a duration equal to the time of concentration of the site.

(b) Ensure that the OSD storage is by-passed by all runoff from non-tributary areas in storms up to and including the 1 in 100 year ARI event.

12.2.6 Discharge Control

1. While the OSD facility is to operate across the storm spectrum from a 5 to 100 Yr ARI event, design has been simplified by requiring the facility to explicitly meet these requirements only at the upper and lower limits of the design spectrum. The facility is therefore designed as a two stage structure with the basin filling to the SSR5 level in a PSD5 discharge event and to the SSR100 level in a PSD100 discharge event. The first stage is controlled by an orifice, the maximum diameter of which is to be sized using the value of PSD5 when under a head of SSR5 m3 of stored water. A second stage outlet must also be provided either in the form of a pipe or weir which permits a maximum discharge equal to PSD100 when subject to a head of SSR100 m3 of stored water.



12.2.7 Safety Fences

1. Surface storages should be constructed so as to be easily accessible, with gentle side slopes permitting walking in or out. A maximum gradient of 1:4 (1 vertical to 4 horizontal) will be required on at least one side to permit safe egress in an emergency. Where steep or vertical sides are unavoidable, due consideration should be given to safety aspects such as the need for fencing, both when the storage is full and empty.

12.2.8 Standardised Products

1. Where practical, use may be made of precast or prefabricated items to reduce the cost.

12.3 Alternative Systems 1. Where environmental conditions allow, innovative designs or alternative methods of reducing

runoff from development sites are encouraged. Innovative designs should consider how OSD systems can be incorporated into the existing topography and enhance the existing floodplain environment. Natural systems can be replicated and used to provide additional storage over a site, promoting infiltration where possible. Where development is occurring near watercourses, riparian vegetation should be retained and enhanced.

2. Alternative methods of controlling peak discharges from a site include:

(a) On-site retention

On-site retention achieves the same objective as OSD by abstracting part of the flood hydrograph and storing the retained water on-site. Forms of on-site retention include:

(i) rainwater tanks,

(ii) guttering systems,

(iii) underground permeable storage; and

(iv) aquifer access, including weathered rock.

(b) Stormwater reuse

Designs that incorporate a component where stormwater is capable of reuse, for purposes such as cleaning or irrigation are encouraged.

(c) Semi-permeable/Porous Materials

Where soil types are suitable, using porous materials for driveways, footpaths and other typically paved areas is encouraged as a means of preserving pervious areas.

3. Proposed use of alternative systems shall be accompanied by a detailed analysis of how the required control of discharge at all points within the catchment will be achieved.

4. Trading of discharge control permits or payment in lieu of the provision of OSD will not be considered.

12.4 Implementation of OSD requirements 12.4.1 Development Approvals for Subdivisions

1. In general, the OSD requirements are imposed at the subdivision stage as shown below:



2. Development Application – submission and approval of a concept layout of the OSD system. (Stormwater Concept Plan)

3. Submission of Engineering Plans – submission and approval of the detailed design including calculations and construction plans and details.

4. Release of Subdivision Certificate/Linen Plans – submission and approval of work-as – executed drawings, certificates of hydraulic compliance and legal instruments on property titles protecting the OSD system.

12.4.2 Development Approvals and Construction Certificates

1. When the OSD requirements are implemented through the development approval and construction certificate process, the approval is in three stages as follows:

(a) Development Application – submission and approval of a concept layout of the OSD system (Stormwater Concept Plan)

(b) Construction Certificate – submission and approval of the detailed design including calculations and construction plans and details

(c) Final Approval – submission and approval of work-as-executed drawings, certificates of hydraulic (and structural if required) compliance and legal instruments protecting the OSD system

Refer to Figure 2 which summarises the steps involved in the process.



Proposal Determine if OSD is required

ò YES

Preliminary Lot Layout Have a contour survey prepared

Involve the OSD designer in site/lot layout

ò

Prepare Stormwater Concept Plan (SCP)

OSD designer prepares SCP

SCP submitted with development application

ò

Development Approval Council approves development/subdivision with OSD conditions

ò

Detailed Design

OSD designer addresses consent conditions and prepares maintenance schedule.

Calculations, maintenance schedule, plans & details submitted with application for Construction Certificate. Plans forwarded to council or

private certifier.

ò

Construction Certificate/Engineering Plan

Approval

Council or private certifier issues approval

ò

Construction OSD designer supervises construction

ò

Finalisation Work-as-executed drawings prepared. Positive Covenant prepared & attached to Linen Plan/Subdivision Certificate. OSD designer certifies

hydraulic performance of construction

ò

After Approval

Release of Subdivision Certificate/ Linen Plan

Certificate of Hydraulic Compliance & Work-as-executed plan submitted to Council. Positive Covenant registered.

Figure 2: OSD Approval Process



12.5 Development Approval Process 1. OSD is best considered as early as possible in the development process so that the most

efficient and effective system can be designed and installed. There are a number of issues to be addressed at the conceptual stage that will have a significant impact on the final solution:

(a) In multi lot subdivisions, a common OSD system should be constructed on one lot rather than a separate system on each individual lot;

(b) Every attempt should be made to maximise surface storage and minimise the amount of underground storages. Surface storage reduces the cost of the system and improves accessibility for maintenance

(c) Overland flows from adjacent properties should , wherever possible, be diverted past the OSD storage

(d) The site should be shaped to ensure all of the site’s impervious areas drain to the OSD basin

(e) In multi lot subdivisions, the OSD basin is to be constructed at the time of subdivision and not be deferred until buildings are constructed.

12.5.1 Stormwater Concept Plan

1. The objectives of the Stormwater Concept Plan (SCP) are to:

(a) Emphasise that the OSD and drainage requirements need to be considered in the initial planning stages of the development;

(b) Simplify the detailed design by identifying adequate storage areas, surface flow paths and treatments, easements (if required) and site constraints in the planning stage;

(c) Reduce project costs by maximising the use of proposed landscape and architectural features as part of the OSD system;

(d) Allow the cost of development consent conditions relating to OSD to be determined at the planning stage; and

(e) In the case of larger developments, assist in addressing the concerns of the local community regarding drainage and flooding issues.

12.5.2 Detailed Design

1. The objectives of a detailed OSD design are to:

(a) Ensure that all components of the OSD system are functional;

(b) Simplify construction of OSD systems by providing detailed design plans;

(c) Increase owner awareness and improve maintenance standards by simply outlining the necessary maintenance practices; and

(d) Encourage storages to be accessible and maintainable.

12.5.3 Minimum data requirements

1. The following information must be included in a detailed design submission:

(a) Calculations for each storage, finalising the storage volumes and discharge rates;



(b) Calculations verifying that flowpaths/floodways and internal drainage systems have sufficient capacity (if necessary);

(c) Design plans and details which include the:

(i) Location and extent of each storage;

(ii) Locations and details of each discharge control device;

(iii) Catchment area draining to each storage;

(iv) Maximum water surface levels in each storage;

(v) Overflow structures and surcharge paths;

(vi) Levels and location of the discharge points for each storage;

(vii) Internal drainage system;

(viii) Existing contours and final design levels;

(ix) Final site/lot layout; and

(x) Location and extent of any floodway/flowpath.

(d) Cross-sections through the storages.

(e) A maintenance schedule that sets out, in plain English:

(i) What maintenance is required;

(ii) How the maintenance will be done;

(iii) Who should carry out the maintenance; and

(iv) When the maintenance will be done.

(f) Structural certification for components of the OSD system (if necessary).

(g) Completed Detailed Design checklist (refer Appendix 2).

2. Consideration needs to be given to how occupiers will be affected by the design and any construction variations thereby reducing/preventing alterations later (e.g. disabled access).

12.5.4 Free Discharge from an Outlet Pit

1. The orifice discharge equation is:

Q = CA (2gh)0.5

Where Q is the discharge in m3/sec

C is the coefficient of discharge

A is the orifice area in m2

g is the acceleration due to gravity

h is the depth of water above the centre of the orifice in metres

2. This equation relies on:

(a) A circular sharp edged orifice; and



(b) Free discharge from the orifice.

3. Free discharge is not achieved when the outlet from the pit is affected by tailwater levels in the downstream drainage system. In this instance, full hydraulic calculations will be required to ensure early surcharge of the system does not occur.

12.5.5 Storages

1. Where possible, storages should be achieved through surface storage, as underground storages:

(a) Are more difficult to inspect for silt and debris accumulation;

(b) Are more difficult to maintain; and

(c) Can be dangerous to work in and may be unsafe for property owners to maintain.

Surface storages

2. For surface storages, the following minimum requirements are set, however designers are encouraged to apply innovative techniques to utilise the topography of the site and other methods of achieving design requirements.

3. In the interests of safety and amenity, ponded water depths are not to exceed:

Maximum

Parking/Paved Areas 0.2 m

Landscaping 0.6 m

Covered/Fenced Storage No Limit

Roof Area As required by structural integrity

4. In the event that these limits are exceeded, it shall be demonstrated that due consideration has been given to the method of addressing the increased hazard.

5. The minimum surface slope for the base is 1.5%. Sub-soil drainage shall be provided around the outlet to prevent the ground becoming saturated.

Underground storages

6. The following design considerations must be taken into account for underground storages:

(a) Access openings to all underground storage tanks must be secured with a grate or cover, and fastened such that children are not able to remove them. However, as residents/owners must be able to inspect critical parts of the storage, heavy concrete covers should be avoided.

(b) Openings must be wide enough to allow easy entry to a storage, i.e.:

600 x 600 (storages up to 600 mm deep)

900 x 900 (storages greater than 600 mm deep)

(c) A continuous fall on the floor of the storage of at least 1% must be provided to the storage outlet to minimise ponding in the storage.



(d) The minimum clearance height for accessible tanks is 900 mm. Where this cannot be achieved due to level or other constraints, the following internal heights can be considered:

Commercial/Industrial developments 750 mm

Residential developments 500 mm.

provided that:

(i) All grates accessing the tank are a minimum of 900 mm x 900 mm, and a maximum lifting weight of 20 kg; and

(ii) Grates are placed at the extremities of the tank with a maximum distance of 3 m from any point in the tank to the edge of the nearest grate.

(e) To minimise the risk of silt and debris blocking the storage outlet or flap valve, the floor of the discharge outlet pit should be a minimum of 150 mm below the outlet and a localised sump provided at the outlet. If a dual (or multiple) chamber system is used, return pipes must also address the avoidance of silt and debris blockage.

(f) The build-up of noxious odour in storages without a grated access can create problems. If the storage is sealed, vents should be provided.

(iii) Overflow

7. Provision needs to be made in the design of a storage for overflows from storms more severe than the design storm or for blockages in the system. Overflows should be directed to a flowpath through the development so that buildings are not inundated nor are flows concentrated on an adjoining property.

12.5.6 Orifice plates

1. Orifice plates are to be manufactured in corrosion-resistant plate to a minimum thickness of 3 mm (5 mm thick where the orifice exceeds 150 mm) with a clean-cut circular hole.

12.5.7 Debris control

1. To reduce the likelihood of the outlet being blocked by debris, the outlet opening shall have a minimum internal diameter or width of at least 50 mm and shall be protected by a mesh screen, generally in accordance with Appendix 3. Discharge outlet pits must be fitted with an internal screen. The screen needs to:

(a) Protect the orifice from blockage;

(b) Create static conditions around the orifice which helps to achieve predictable discharge coefficients; and

(c) Retain litter and debris that would degrade downstream water quality.

12.5.8 Identification System

1. An Identification System is required for all OSD systems, usually in the form of a corrosion resistant plaque. The plaque shall be on or close to the OSD system and is to indicate:

(a) The structure is an OSD facility, part of the stormwater drainage network;

(b) Its Identification Number, provided as part of the Development Approval process ;



(c) It is not to be tampered with; and

(d) Any specialist maintenance requirements eg confined spaces warning.

12.5.9 Maintenance

1. Maintenance must be considered as part of the design process and proof of this will be required. A maintenance schedule is required to be submitted which sets out the routine maintenance necessary to retain the OSD system’s viability. The resident/owner of the property shall receive a copy of this schedule on approval of the development and it will form an integral part of the Positive Covenants and Restrictions on Use of Land (see Section 9.5.13). The schedule should be signed to indicate that it has been received and understood. A copy of the signed schedule shall also be submitted to Council.

2. This schedule should contain information on the following issues:

(a) Where the storages are located;

(b) Which parts of the system need to be accessed for cleaning and how access is obtained;

(c) A description of any equipment needed (such as keys and lifting devices) and where they can be obtained;

(d) The location of grates/covers and how they can be removed for cleaning;

(e) Who should do the maintenance; and

(f) How often should it be done?

3. An example of such a schedule is attached to this policy (Appendix 4).

4. OSD systems should be designed such that specialist personnel (e.g., confined spaces certified) are not required to perform ongoing maintenance.

12.5.10 Construction and Final Approval

1. The objectives of the construction supervision and certification arrangements are to:

(a) Encourage supervision of critical stages of construction by the OSD designer to improve construction standards;

(b) Minimise delays and additional expenditure on rectification works by ensuring adequate construction supervision;

(c) Increase community acceptance of OSD by eliminating nuisances created by poor construction; and

(d) Enable Council to inspect and insist on essential maintenance of the system.

12.5.11 Supervision

1. Construction supervision is essential in achieving a properly working OSD system. OSD construction is often multi-disciplined with many tradesmen (such as bricklayers, landscapers and concrete finishers) who may be unfamiliar with stormwater drainage, being responsible for constructing critical features of the system. OSD systems require closer attention to set-out and levels than a conventional drainage system. Without adequate supervision during construction,



expensive and time consuming rectification works are often necessary before a Certificate of Hydraulic Compliance (see Appendix 5) can be issued by the OSD designer.

12.5.12 Work-as-Executed plans

1. Work-as-Executed (WAE) plans prepared by a Registered Surveyor or the OSD designer must be submitted. A general set of guidelines for preparation of WAE plans is provided below. However, in some projects there will be site-specific features that will require additional details. The OSD designer should therefore be consulted before preparing these plans. As the OSD designer is responsible for the Hydraulic Compliance Certificate, it is important that the WAE plans provide the designer with sufficient information to ascertain that the as-constructed system will function in accordance with the approved design. Note that any changes to the top water level in the storage or depth of storage may alter the required orifice diameter. Calculations should be submitted to show that the orifice diameter is correct if the approved design water level has been changed.

(i) Storage

2. The following details of the OSD storage should be provided:

(a) Type of storage - roof, above ground, below ground or combination;

(b) Detailed calculations of the actual volume achieved for each storage;

(c) The diameter of the orifice plate and verification that it has been fitted correctly;

(d) Verification that a screen has been fitted, as well as its location, dimensions and the minimum distance from the orifice;

(e) Level and location of any overflow structures (eg. spillways, weirs);

(f) Sufficient levels and dimensions to verify storage volumes – as a minimum, WAE plans should give the constructed level of all design levels shown on approved plans;

(g) Any changes to storage depth or top water level and whether the orifice size is affected; and

(h) Internal diameter of the outlet pipe.

(ii) Internal drainage

3. The following information on the internal drainage system is to be included:

(i) Pit surface levels;

(j) Invert levels and diameters of pipes;

(k) Location and levels of any floodways and/or overland flowpaths; and

(l) Sufficient spot levels to show site gradings and extent of areas not draining to the storage(s).

(iii) Freeboards

4. The finished floor levels of adjacent structures on the property such as garages and dwellings are to be shown to ensure they are sufficiently above the maximum storage water surface levels and water levels on overland flowpaths. Refer to Section 1.4.1 for required freeboard.



(iv) Certificates of Hydraulic Compliance

5. Certificates of Hydraulic Compliance are required to confirm that the drainage and On-site Stormwater Detention (OSD) works have been carried out in accordance with the approved design.

6. To avoid delays in obtaining certification, developers and builders are encouraged to have the OSD designer supervise and certify the construction of these systems. This certification is for the Certificates of Hydraulic Compliance only, not the Certification of the Development required under Section 109 of the Environmental Planning and Assessment Act. Defects are expensive to repair once the development is completed.

7. Certificates of Hydraulic Compliance are to be attached to the Work-As-Executed plans and submitted to Council prior to the release of Subdivision Certificate linen plans, certificates of occupation and/or Occupation Certificate. A separate structural certification will be required for any structural elements. The Certificate of Hydraulic Compliance needs to:

(a) State that the system will function in accordance with the approved designs, subject to satisfactory maintenance;

(b) Identify any variations from the approved design; and

(c) State that these variations will not impair the performance of the OSD system.

8. Alternatively, where variations are identified that impair the performance of the OSD system, the OSD designer will need to complete an Outstanding Works Form. This form shall list the variations from the approved design and the required remedial works. Where significant remedial works are necessary, discussions should be held with the relevant Council officers and arrangements made to have these works carried out prior to the issue of a Certificate of Hydraulic Compliance by the OSD designer or final approval by Council.

9. The Certificate of Hydraulic Compliance is the principal means by which adequate construction standards are ensured and certification needs to be conducted in a professional manner. Whilst the Certificate will be based on the WAE plans, the OSD designer will need to inspect the site to check critical design features.

10. Some of the important considerations to be addressed when certifying hydraulic compliance are:

(a) Storage:

(i) Actual storage volumes achieved are adequate;

(ii) A plate with a sharp-edged orifice of the correct diameter and the specified material has been securely fitted;

(iii) The orifice is screened and the screen is properly fixed, located and able to be removed for cleaning;

(iv) Outlet pipes from the discharge outlet pit are the correct size, level and grade to ensure there is free discharge through the orifice;

(v) The levels of the top water surface and storage invert are such that the design discharge from the storage is achieved;

(vi) The actual top water surface level of the storage will not cause either unintended surcharge of the internal drainage system or inundation of/or inadequate freeboards to finished floor levels; nor will it alter the storage depth sufficiently to impact on the required orifice size;

(vii) The base of the storage is well graded and drains to the discharge outlet pit; and



(viii) Spillways and overflow paths are the correct level and free from obstructions.

(b) Internal drainage:

(i) Site gradings are correct;

(ii) The internal drainage lines are of a sufficient size, level and grade to convey flows to the storage;

(iii) If a blockage occurs or the internal drainage lines cannot convey all runoff in a 100 year rainfall event, the site is graded to direct surcharging flows to the storages;

(iv) Storages cannot be by-passed by overflows from the internal drainage system or by overflows from any surface area designed to drain to the storages;

(v) Flowpaths designed to divert upstream flows around the basin have been properly constructed and will function as designed; and

(vi) General workmanship is adequate to prevent long-term failure of the system.

(c) Freeboards

(i) The levels of structures (such as garages, factories, offices and dwellings) are sufficiently above the as-constructed maximum water surface levels in the storage and flowpaths; and

(ii) An emergency spillway or overflow path is provided to ensure that surcharge of the drainage system and storage (even in the event of an extreme storm or accidental blockage of pits, pipes etc.) will not cause stormwater to enter buildings where significant damage would occur.

11. Sample Standard Certificate of Hydraulic Compliance Forms and Outstanding Works forms are attached in Appendix 5.

(v) Structural certification

12. Due to hydrostatic loadings, certain OSD storage components may require specific structural certification for design and construction. The following list is typical but not exhaustive. This certification should be provided by a qualified, practising structural engineer, except where the components match the standard designs.

(a) Free standing walls

(i) These are subject to hydrostatic loads when a storage is full or filling. The significance will depend on the maximum ponding depth.

(b) Retaining walls

(i) In addition to the normal earth and hydrostatic loadings, it may be necessary to consider the possibility of saturated sub-soil conditions.

(c) Underground storages

(i) These may be subject to a combination of earth pressures, hydrostatic loadings, traffic loadings and buoyancy forces.

12.5.13 Legal Protection of OSD Systems

1. OSD systems are structures intended to control site discharges over the entire life of the development. To guarantee the system's continued operation, it needs to be protected from alteration and regularly maintained.

2. Prior to the issue of final approval, the OSD system and associated floodways and flowpaths need to be legally protected. This is achieved by applying a restriction on the use of the land and



a positive covenant over the lot in favour of the local council. These can be imposed either by submitting a suitable Request Form to the Land Titles Office or in conjunction with the registration of a plan showing the new lots to be created. An explanation of the process involved, sample instruments, standard terms and conditions, a copy of the Land Titles Office Information Bulletin 14 and sample forms 13PC and 13RPA, are included in Appendix 6, and as listed below.

• F.1 Explanatory notes on the preparation and registration of Positive Covenants and Restrictions on Use of Land.

• F.2 Forms for use under Section 88E(3) of the Conveyancing Act where there is no subdivision of land involved and the covenant and restriction on use are being imposed on an existing parcel of land.

• F.3 Terms and conditions for Restriction on Use of Land and Positive Covenant.

• F.4 Sample Restriction on Use of Land and Covenant where a deposited plan is being registered together with a Section 88B instrument.

• F.5 A copy of Information Bulletin No 14 (dated September 1998), prepared by the Land Titles Office,

• A Guide to the Preparation of a Section 88B Instrument to:

• Create Easements, Profits à Prendre, Restrictions on the Use of Land or Positive Covenants, Release Easements or Profits à Prendre

• F.6 Sample Covenant used where a deposited plan is being registered together with a Section 88B instrument and construction of the OSD system is being deferred.

Note: Council will only permit deferral of the construction of the OSD systems in exceptional circumstances.

12.6 Record System 1. A database of all OSD systems is to be maintained by Wollongong City Council. This database will include information on:

(a) Site location

(b) Catchment

(c) Type of development

(d) Design details (area, PSD, SSR, storages);

(e) Location of WAE drawings; and

(f) Details and location of maintenance schedules;

(g) Identification Number

2. This database will be accessible by relevant officers to ensure that any changes to a property approved at a later date are considered with reference to the OSD system.



12.7 Inspections 1. A program of random audits of infrastructure will be implemented by Wollongong City Council.

This will involve:

(a) Notification of the owners of an inspection due to take place;

(b) An inspection of the system, comparing the structure with the WAE drawings and completing a checklist of maintenance items; and

(c) Issuing owners with a record of the inspection noting what items need to be followed up, and specifying the timeframe in which this needs to be done.

13 INFORMATION REQUIREMENTS (TO BE SUBMITTED BY APPLICANT)

13.1 Development Application Stage (Where Construction Certificate is required)

1. The following information will be required:

(a) A site stormwater layout (1:100 scale). This plan must also show how the proposed stormwater system is integrated with the proposed landscape plan for the site. For larger sites, an overall site stormwater layout shall be provided at a scale of 1:200 in addition to the above requirement.

(b) The extent and area (in plan) of any upstream catchment for external flows entering the site.

(c) Hydrologic and hydraulic calculations, including calculations of velocities and flows leaving the site both prior and after development.

(d) Information relating to proposed overflow paths must include contours of the land within which the overflow path will be located, the capacity of the overflow path, details of any bed reinforcement such as grass.

(e) Except for minor developments (refer to Glossary), longitudinal section of pipelines showing calculated flows, velocity, size and class of pipe, grade, invert levels, services and ground levels.

(f) Where connection is to be made to an existing underground stormwater system, a hydraulic grade line analysis must be carried out and the pressure line plotted on the longitudinal section.

(g) Details, dimensions and location of pits, grates, on-site detention storage, weirs, orifice plates, outlet structures and scour protection.

(h) The location and extent of any floodways, flowpaths or stormwater concentrations affecting the site.

(i) Flood study if applicable.

(j) Proposed point/s of discharge.

(k) Fencing location and type.

(l) Written agreement from downstream property owners to provide an easement to drain water if applicable.



(m) Survey of the development site and surrounding areas, to provide sufficient information in order to assess the Application, which includes lot boundaries, contours/spot levels, buildings, easements, services, landscaped areas, site area, roadways etc.

(n) Plan (1:100 scale) showing proposed and existing floor, ground and pavement levels to AHD.

Note: Sufficient contours and spot levels must be shown on the plan to enable its proper construction. It is insufficient to show arrows to indicate a fall in the pavement. All levels to be related to Australian Height Datum (AHD).

2. Where on-site detention is proposed, the following additional information will be required:

(a) The location and extent of the detention storage.

(b) The location and levels of discharge points for the storage.

(c) Preliminary estimates on the SSR and PSD values.

(d) The location and area of any portion of the site unable to drain to the storage.

(e) The final disposal point, where the runoff from the site is unable to drain to the storage, together with justification that this runoff will not cause any adverse effects to the development site or neighbouring properties.

13.2 Construction Certificate Stage 1. The following information will be required:

(a) If applicable, evidence to show that the creation of an easement to drain water over downstream properties has occurred.

(b) Where applicable, evidence that all Development Application conditions have been incorporated into the plans.

(c) Sufficient set-out information to allow the development to be constructed in accordance with the Development Consent and the intent of the Development Application plans.

(d) Location of all services in the vicinity of the proposed development.

2. Where on-site detention is proposed, refer to sections 12.5.3 and 12.5.8 for the additional information required:

13.3 Prior to Final Occupation Stage 1. Where a work-as-executed (WAE) plan and engineer's certification is required as a condition of

development consent, it must include at least the following. The sections in italics are to be included on the certification:

(a) A statement certifying that "all stormwater drainage and related work has been constructed in accordance with the approved plans". A statement that the work is in accordance with the intent, character, principle or key aspects of the plan for example, will not be accepted.

(b) A statement certifying that the work-as-executed survey plan has been prepared by a registered surveyor. Further, the surveyors’ name and organisation are to be clearly shown on the plan.



(c) A statement certifying that "the stormwater infrastructure has been constructed in accordance with the development consent. A statement that the work is in accordance with the intent, character, principle or key aspects of this chapter for example, will not be accepted.

2. Where on-site detention was required as part of the development approval, refer to sections 12.5.12 and 12.5.13 with respect to the provision of a work-as-executed plan, hydraulic compliance certificate, restriction on use and positive covenant.

Note: Under normal circumstances, Council will require demolition of any structure which has not been constructed in accordance with the approved plans and which is considered likely to exacerbate or cause problems related to stormwater drainage. Any variations from the approved plans will need to be documented and will need to be certified by the Certifying Authority as not affecting the performance of the designed system.

13.4 At Development Application Stage (Where No Construction Certificate Is Required)

1. The following information will be required:

(a) Information indicated in Sections 13.1(a) & (b) as applicable.

(b) Where a flood study is required as part of a Development Application, the consultant shall provide as a minimum the following information:

(i) Catchment plan 1:4000.

(ii) Hydrologic and hydraulic calculations.

(iii) A section detailing investigations carried out to determine the potential for upstream diversions affecting the site and reporting the findings.

(iv) A section detailing recorded flood levels used or information from local residents used in calibrating the model.

(v) Survey of the site showing all necessary features, along with creek cross-sections drawn to a suitable scale and which adequately reflect the existing characteristics of the channel and floodplain. Cross-sections are to be taken perpendicular to the flow for the particular flood event being considered. Where roadways and/or driveways are used as weirs, detailed survey must be provided. Water surface profiles for both pre and post development conditions drawn to a suitable scale.

(vi) Extent of inundation for both pre and post development conditions.

(vii) Floor levels of proposed and existing buildings on the development site and other affected properties.

(vii) Velocity and depth product contours.

(ix) Delineation of flood risk precincts relevant to indivual floodplains.

(x) Channel and overbank velocities for both pre and post development conditions.

(xi) An assessment of the need for scour and/or erosion protection along bed, banks or discharge points.



13.5 Standard of Engineering Submission 1. Both Development and Construction Certificate Applications must be prepared in accordance

with the Australian Technical Drawing Standard AS1100.

2. Flood studies must be clearly and concisely presented.

3. Calculations to be clearly presented in a logical sequenced manner. Calculations will not be accepted on disc without hard copy attached.

13.6 Computer Programs 1. Prior to the use of in-house developed computer programs for hydrologic/hydraulic analysis, the

consulting engineer must supply to Council a flowchart showing the steps and formulae involved in the execution of the program. The limits of applicability must also be defined.

2. Computer output from programs developed in-house without having been previously approved by Council will not be accepted.

14 APPLICATION OF THIS CHAPTER

1. Responsibility for technical interpretation of this chapter and investigations/designs produced in accordance with this chapter rests with the Manager Infrastructure. If the Manager Infrastructure does not consider that the requirements have been satisfied, for investigations of a complex nature, the Manager Infrastructure will facilitate peer review of the studies submitted, by a specialist technical panel comprising of representative(s) from one or more of the following bodies:

(a) Wollongong City Council (Relevant Internal Divisions);

(b) NSW Department Environment and Climate Change;

(c) Institution of Engineers, Australia Illawarra/Sutherland Regional Group; and

(d) University of Wollongong Engineering Department.



15 REFERENCES

Australian Rainfall and Runoff. A Guide to Flood Estimation (1998) Institution of Engineers, Australia.

Drainage Design Code (1994) Wollongong City Council

Floodplain Development Manual (2005) New South Wales Government

AS/NZS 3500.3:2003 : Plumbing and Drainage – Stormwater Drainage

On-Site Stormwater Detention Code (2006) Wollongong City Council.

DCP 54 – Managing Our Flood Risks - Wollongong City Council.



Appendix: 1 OSD DESIGN

CONTAINING: ii. Appendix A1. Concessional OSD Zones iii. Appendix A2. Wollongong Rainfall Isohyets iv. Appendix A3. F1 –v- %imp v. Appendix A4. F2 –v- Area vi. Appendix A5. F3 –v- %imp vii. Appendix A6. F4 –v- Area viii. Appendix A7. OSD Basin Sizing Examples



APPENDIX A1: Concessional OSD Zones











APPENDIX A2: Wollongong Rainfall Isohyets



APPENDIX A3: F1 –v- %Imp



APPENDIX A4 F2 –v- Area



APPENDIX A5: F3 –v- %Imp



APPENDIX A6: F4 –v- Area



APPENDIX A7: Examples









DETAILED DESIGN CHECKLIST OSD DETAILED DESIGN CHECKLIST

NOTE This checklist is specific to the OSD requirements of a proposed development

It should be read in conjunction with Council’s current Drainage Design Code

and included with the detail drainage design submission documents

DESIGNER COUNCIL REVIEW

ITEM

YES NO YES NO

1. A Stormwater Concept Plan (SCP) has been approved

2. The site is within the OSD ‘Concession’ zone and flows can be conveyed to a ‘registered’ watercourse without adversely impacting others

If YES - refer supporting calculations (OSD not required)

If NO - OSD is required – (remainder of list to be completed)

3. The site is (whole or partly) inundated in a 5 year ARI event If YES - see Plan No ................ for 5Yr flood extents

4. The tributary area to the basin is shown on Plan No ……………

5. The tributary area to the basin is currently in a natural condition If NO – see Plan No ……………. For details of existing development

6. Surface floodways/flowpaths of sufficient capacity to contain and convey the 100Yr discharge to the basin are shown on Plan No ..................

7. Buildings are not inundated and have the required freeboard

8. Flows are not increased or concentrated on an adjoining property

9. Ground levels/contours extending into adjoining properties sufficiently to quantify bypass flow hydraulics are shown on Plan No. ...............

10. The invert level of the storage is not less than ground level (or top of kerb) at the point of connection to external stormwater system

If YES, see Plan No. ....................

If NO, refer attached hydraulic analysis confirming potential impact of downstream control

11. The discharge outlet pit design is consistent with the policy principles

12. The discharge outlet pit design is consistent with the policy. If If YES, see Plan No ……….. for details of:

Orifice plate geometry, matl and fixing

screen type, matl fixing, area and orientation,

confirmation that all inflows to the discharge control pit are on theupstream side of the screen protecting the orifice If NO refer separate explanatory attachment.

13. If an above ground/landscaped storage is specified, answer Q13(a) to Q13(g), otherwise move to Q14.



DESIGNER COUNCIL REVIEW

ITEM

YES NO YES NO

13(a) Where the depth of ponding exceeds 600 mm, consideration has been given to whether there are steep drops, and/or a need for steps or ‘walk-in’ ‘walk-out’ batters, etc. when deciding if fencing and/or warning signs are required

13(b) The landscaping treatment within the storage area is such that it does not limit storage volumes or provide a significant source of debris loading.

13(c) The minimum surface slope is consistent with the policy

13(d) Subsoil drainage is provided in areas subject to frequent ponding and around the outlet

13(e) If the design includes a retaining wall, has it been structurally checked?

13(f) Does the system have the correct storage?

If YES, see stage-storage calculations attached

If NO, refer separate explanatory attachment.

14. If a driveway/car-park storage is specified, answer Q14(a) to Q14(b), otherwise move to Q15

14(a) The maximum depth is less than or equal to 200mm

14(b) The minimum transverse slope is 1.5%

15. If a structural/underground storage is specified, answer Q 15(a) to Q 15(f), otherwise move to Q16

15(a) The dimensions of openings are consistent with the policy

15(b) The storage floor has a minimum slope of 0.7%

15(c) There are sufficient access points for flushing purposes

15(d) There are sufficient grated openings for ventilation purposes

15(e) All access points have light weight covers

16. The distribution of storage minimises inconvenience

17. The OSD plans have been checked for consistency against the architectural and landscaping plans

18 The OSD Design Summary details are consistent with the engineering plans

19. The OSD Design Summary & Plans are consistent with the approved SCP

20 The OSD Design Summary is attached

21. A maintenance schedule has been prepared



Name of Designers Organisation ……………….....................................................

Signature of Authorised Designer ………………………….. …../…../……

Signature of Reviewing Officer …………………………… …./…../…..



TECHNICAL DATA – MESH SCREENS Technical Data – Mesh Screens

Discharge outlet pits must be fitted with an internal screen. The screen needs to:

(a) Protect the orifice from blockage

(b) Create static conditions around the orifice which helps to achieve predictable discharge coefficients

(c) Retain litter and debris which would degrade downstream waterways.

i. Screen type

A small aperture-expanded steel mesh, such as Maximesh Rh3030, is recommended for orifices less than 150 mm in diameter. This type of screen retains relatively fine material

(eg. cigarette butts and grass clippings) while maintaining the performance of the orifice under heavy debris loading. For orifices larger than 150 mm, the screen area necessary for a fine mesh screen can make it difficult to fit in a discharge outlet pits. A grid mesh, such as Weldlok F40/203, may be used for these larger orifices. Where the grid mesh is used, a fine mesh screen should be installed upstream of the discharge outlet pits, for areas likely to collect litter or debris.

ii. Screen area

The minimum recommended area (including blocked area) for an internal screen in a discharge outlet pits is:

(a) 50 times the orifice area where a fine mesh screen is used (eg. Maximesh Rh3030)

(b) 20 times the orifice area where a grid mesh is used (e.g. Weldlok F40/203).

iii. Screen orientation

The inlet pipe to a discharge outlet pits should direct inflows parallel (or at a small angle) to the screen. Perpendicular inflows drive debris into a mesh screen making it difficult to dislodge.

When inflows are directed parallel to the screen, the debris is layered on the screen but is blown off when the inflow exceeds approximately 2-3 times the PSD. The performance of the orifice and screen is influenced by the orientation of the screen. To assist in shedding debris, the screen should be positioned as close to vertical as possible. This allows debris to fall off once the water level in the discharge outlet pits drops. However, the screen must fit securely to the pit to avoid debris floating over or around the screen and blocking the orifice. The screen should be placed no less than 60 degrees to the horizontal.

iv. General

To prevent blockages, Maximesh screens must be positioned so that the long axis of the oval shaped holes is horizontal, the protruding lip is uppermost and above the hole and the screen is tilted downstream (See Figure 1). Blockages can occur if the screen is accidentally placed upside down. Fitting a handle to the screen not only reduces the chance of incorrect placement but also makes removal for cleaning easier. Fixings need to be selected to suit the screen and to promote easy removal for maintenance. Reducing the screen size also facilitates cleaning by reducing the weight. Proprietary screens may be considered to achieve this end. After being cut to size, Maximesh screens need to be 'hot dipped' galvanised to prevent corrosion. All mesh screens deflect under high inflows and heavy debris loading and should be braced to stop debris being carried around the screen.



Figure 3: Maximesh Screen

(Source: UPRCT OSD Design Handbook)



2. SAMPLE MAINTENANCE SCHEDULE

DRAFT MAINTENANCE SCHEDULE

(for guidance only)

MAINTENANCE

ACTION

FREQUENCY PERFORMED BY

PROCEDURE

Inspect & remove any blockage of orifice

Six monthly Owner Remove grate & screen to inspect orifice. See plan for location of discharge outlet pit.

Inspect screen and clean

Six monthly Owner Remove grate and screen if required to clean it.

Inspect flap valve & remove any blockage

Six monthly Owner Remove grate. Ensure flap valve moves freely and remove any blockages or debris.

Inspect pit sump & removeany sediment/sludge

Six monthly Owner Remove grate and screen. Remove sediment/sludge build-up and check orifice and flap valve clear.

Inspect grate for damage or blockage

Six monthly Owner Check both sides of grate for corrosion, (especially corners and welds) damage or blockage.

Inspect & remove any debris/litter/mulch etc blocking grates of return pit

Six monthly Owner Remove blockages from grate and check if pit blocked.

Inspect storage areas & remove

debris/mulch/litter etc likely to block screens/grates

Six monthly Owner Remove debris and floatable material likely to be carried to grates.

Check attachment of orifice plate to wall of pit (gaps less than 5 mm)

Annually Maintenance

Contractor

Remove grate and screen. Ensure plate mounted securely, tighten fixings if required. Seal gaps as required.

Check orifice diameter correct and retains sharp edge

Five yearly Maintenance

Contractor

Compare diameter to design (see Work-as-Executed) and ensure edge is not pitted or damaged.

Check attachment of screen to wall of pit


Contractor

Remove grate and screen. Ensure screen fixings secure. Repair as required.

Check screen for corrosion


Contractor

Remove grate and examine screen for rust or corrosion, especially at corners or welds.

Inspect overflow weir & Six monthly Maintenance Remove grate and open cover to ventilate underground storage if present. Ensure weir clear of



remove

any blockage

Contractor blockages.

Empty basket at overflow weir (if

present)

Six monthly Maintenance

Contractor

Remove grate and ventilate underground storage chamber if present. Empty basket, check fixings secure and not corroded.

Inspect pit walls (internal and external, if appropriate) for cracks or spalling


Contractor

Remove grate to inspect internal walls. Repair as required. Clear vegetation from external walls if necessary and repair as required.

Inspect outlet pipe & remove

any blockage


Contractor

Remove grate and screen. Ventilate underground storage if present. Check orifice and remove any blockages in outlet pipe. Flush outlet pipe to confirm it drains freely. Check for sludge/debris on upstream side of return line (if relevant).

Check step irons for corrosion


Contractor

Remove grate. Examine step irons and repair any corrosion or damage.

Check fixing of step irons is secure


Contractor

Remove grate and ensure fixings secure prior to placing weight on step iron.

Inspect internal walls of return

pit (and external, if appropriate)

for cracks or spalling


Contractor

Remove grate to inspect internal walls. Repair as required. Clear vegetation from external walls if necessary and repair as required.

Compare storage volume to volume approved. (Rectify if loss > 5%)


Contractor

Compare actual storage available with Work-as Executed plans. If volume loss is greater than 5%, arrange for reconstruction to replace the volume lost. Council to be notified of the proposal.

Inspect storages for subsidence

near pits


Contractor

Check along drainage lines and at pits for subsidence likely to indicate leakages.



CERTIFICATE OF HYDRAULIC COMPLIANCE &

OUTSTANDING WORKS FORM

FORM X.XX

WOLLONGONG CITY COUNCIL

ON-SITE STORMWATER DETENTION SYSTEM

CERTIFICATE OF HYDRAULIC COMPLIANCE

JOB NO: ________________ DA NO: ________________

PROJECT: _____________________________________________________________________________

LOCATION: _____________________________________________________________________________

CONSTRUCTION

DESIGNED BY: _________________________ CERTIFIED BY:______________________

QUALIFICATIONS: ______________________ TELEPHONE: ________________________

1.0 WORKS CONSTRUCTED IN ACCORDANCE WITH DESIGN. (Delete if not applicable)

I _____________________ of ______________________ (accredited professional being competent to practice in the field of stormwater drainage design) have inspected the above on-site stormwater detention system and certify that the works have been constructed in accordance with the approved design details for the above mentioned project.

Signature: ____________________ Date: _________



2.0 CONSTRUCTION VARIATIONS NOT AFFECTING DESIGN PERFORMANCE. (Delete if not applicable)

I _____________________ of ______________________ (accredited professional being competent to practice in the field of stormwater drainage design) have inspected the above on-site stormwater detention system and certify that the works have been constructed in accordance with the approved design details for the above mentioned project, except for the variations listed below which do not affect the performance of the system, subject to satisfactory maintenance.

Variations:

_______________________________________________________________________________

_______________________________________________________________________________

_______________________________________________________________________________

Signature: ____________________ Date: __________

3.0 AUTHORITY TO RELEASE PLANS TO FUTURE OWNERS OF THE PROPERTY

As the copyright owner of the drainage plans, I hereby authorise release of the approved plans/attached sketch plan to future owners of the property to assist in the maintenance of the On-site Stormwater Detention system.

Signature: ____________________ Date: __________

Name: _______________________________(Print)



FORM X.XX

WOLLONGONG CITY COUNCIL

ON-SITE STORMWATER DETENTION SYSTEM

LIST OF OUTSTANDING WORKS

JOB NO: ________________ DA NO: ________________

PROJECT:

_______________________________________________________________________________

LOCATION:

_______________________________________________________________________________

CONSTRUCTION

DESIGNED BY: _________________________ CERTIFIED BY: ________________________

QUALIFICATIONS: ______________________ TELEPHONE: ________________________

1.0 CONSTRUCTION VARIATIONS AFFECTING DESIGN PERFORMANCE.

I _____________________ of ______________________ (accredited professional being competent to practice in the field of stormwater drainage design) have inspected the above on-site stormwater detention system and the following variations to the approved design. The listed remedial works will be necessary to make the system function according to the approved design.



Variation Remedial Work Necessary

Signature: ____________________ Date: __________



LEGAL PROTECTION OF OSD SYSTEMS F.1 Explanatory notes on the preparation and registration of Restrictions on Use of

Land and Positive Covenants

Private developers within the area administered by Wollongong City Council are required to construct On-site Stormwater Detention (OSD) facilities as part of their development consent in accordance with Section 1.3 of this Policy.

OSD systems consist of a storage area, an outlet and a collection network. The collection network directs stormwater flow to the storage. The collection network includes those surfaces which are sloped so as to direct flow to the storage, as well as the more obvious devices such as roof gutters, downpipes, drainage lines and pits. In effect, the whole lot is part of the OSD system.

All the components of an OSD system need to be kept intact and maintained so that the overall system continues to function as it was intended for the life of the development. To ensure that the OSD system is not altered during the life of the development, a Restriction on Use of the land is created. This prevents owners making changes to any of the site drainage components which would alter the way the facility works, without the permission of their local council. To ensure that the OSD system is adequately maintained, a Positive Covenant is registered on the title of the property, placing the responsibility for this maintenance on the owner of the land. By registering the covenant and restriction on the property title, the obligations can be transferred to future owners. The Positive Covenant will be established to benefit the local Council.

A sketch plan showing the location of the different components of the OSD system and a copy of the Maintenance Schedule must be included as attachments to the Positive Covenant. This will ensure future owners are aware of their maintenance obligation.

If no new lot is being created, the cheapest and quickest way to register the Positive Covenant and Restriction on Use on the title of Torrens Title land is through:

Form 13PC for a Positive Covenant, and

Form 13RPA for a Restriction on Use.

For Old System land the covenant and restriction should be imposed with a suitable deed.

A copy of forms 13PC and 13RPA is included in Appendix F.2.

The covenant and restriction on use may also be imposed under Section 88B of the Conveyancing Act, 1919 in conjunction with the creation of a new lot or lots. The Positive Covenant will be in favour of the local council but, because the land is privately owned, the covenant and restriction will be imposed through Section 88E of the Act.

A copy of Information Bulletin No 14, prepared by the Land Titles Office (LTO), A Guide to the Preparation of a Section 88B Instrument to:

· Create Easements, Profits à Prendre, Restrictions on the Use of Land or Positive Covenants

· Release Easements or Profits à Prendre

is included below.

The terms and conditions of the covenant and restriction must be shown in part 2 of the Section 88B Instrument or be attached to the forms 13PC and 13RPA. A copy of suitable wording for the terms and



conditions is below. The local Council has the right to release, vary or modify the terms and conditions of the covenant and restriction.

F.2 Blank Copy of Forms 13RPA AND 13PC

These forms for a Restriction on Use of Land and Positive Covenant are required by the Lands Titles Office where there is no subdivision of land, and the covenant and restriction are being imposed on an existing parcel of land.

A plan should be attached showing the location and various components of the On-site Stormwater Detention system. This should be accompanied by the Maintenance Schedule. (See Appendix D)









B.4-2



F.3 Terms and Conditions for Restriction on Use of Land and Positive Covenant

This appendix contains standard clauses for the Terms and Conditions to be applied in Restrictions on Use of Land and or Positive Covenants in relation to OSD systems. Appendix F.4 contains a sample instrument which shows how these terms and conditions are applied.

Both the Restriction on Use and the Positive Covenant will normally be required, however in cases where only the Positive Covenant is used, the definition of the OSD system (given in clause 1 of the Restriction on Use) should be included in the Positive Covenant.

Restrictions on Use of Land for OSD Systems

1. The registered proprietor of the lot burdened must not make or permit or suffer the making of any alterations to any on-site stormwater detention system on the lot(s) burdened without the prior consent in writing of the authority benefited. . The expression “on-site stormwater detention system” shall include all ancillary gutters, pipes, drains, walls, kerbs, pits, grates, tanks, chambers, basins and surfaces designed to temporarily detain stormwater as well as all surfaces graded to direct stormwater to those structures.

Name of authority having the power to release, vary or modify the restriction referred to is Wollongong City Council.

2. The registered proprietor of the lot burdened must not erect or permit the erection of or permit to remain any dwelling house or other structure on the lot burdened unless the registered proprietor has constructed an on site stormwater detention system on the said lot burdened , in accordance with the requirements of Wollongong City Council The expression “on-site stormwater detention system” shall include all ancillary gutters, pipes, drains, walls, kerbs, pits, grates, tanks, chambers, basins and surfaces designed to temporarily detain stormwater as well as all surfaces graded to direct stormwater to those structures.

Note: Clause 2 is only necessary when construction of the OSD system is being deferred, which will only be permitted by Council in exceptional circumstances.

Positive Covenants

1. The registered proprietor of the lot burdened must in respect of the on site stormwater detention system on the lot burdened: (a) keep the system clean and free from silt, rubbish and debris (b) maintain and repair the system so that it functions in a safe and efficient manner (c) permit the prescribed authority or its authorised agents from time to time and upon giving

reasonable notice (but at any time and without notice in the case of an emergency) to enter and inspect the land for the compliance with the requirements of this covenant; and

(d) comply with the terms of any written notice issued by the prescribed authority in respect of the requirements of this covenant.

2. Under Section 88F(3) of the Conveyancing Act 1919 the Prescribed authority has the following additional powers: (a) If the registered proprietor fails to comply with the terms of any written notice issued by

prescribed authority under part 1(d) above the prescribed authority may enter the land with all necessary materials and equipment and carry out any work which the prescribed authority in its discretion considers necessary to comply with that notice .

(b) the prescribed authority may recover from the registered proprietor of the burdened lot in any court of competent jurisdiction: (i) any expense reasonably incurred by it in exercising its powers under part 2(a) above

including reasonable wages for the prescribed authorities employees engaged in carrying out and supervising and administering the work and the costs of materials, machinery, tools and equipment used tocarry out the work.

(ii) legal costs on an indemnity basis for issue of the notices for recovery of the costs and expenses for registration of a covenant charge under section 88F of the Act for



providing any certificate required under section 88G of the Act and for obtaining any injunction under section 88H of the Act.

Name of authority having the power to release vary or modify the positive covenant

referred to is Wollongong City Council.

F.4 Sample Restriction on Use of Land and Covenant where a Deposited Plan is being registered together with a Section 88B instrument.

In this case the On-Site Detention system is provided with Development Approval involving subdivision of land.

A Plan of the OSD system and a copy of the Maintenance Schedule should be attached to the Instrument.



INSTRUMENT SETTING OUT TERMS OF RESTRICTION ON THE USE OF LAND AND POSITIVE COVENANT INTENDED TO BE CREATED PURSUANT TO SECTION 88E OF THE CONVEYANCING ACT 1919.

(Sheet .. of … sheets)

Plan: Subdivision of Lot …….D.P…………….

Covered by Council Clerk’s

Certificate No. ………………..

Of ………………………………

Full name and address ………………………………………………

Of proprietor of the land ………………………………………………

………………………………………………

PART 1

( ) Identity of restriction…………….. Restriction on use under Section 88E of the referred to in abovementioned plan Conveyancing Act 1919

SCHEDULE OF LOT(S), ETC. AFFECTED

Lot(s) Burdened Authority Benefited

……………………………………… Insert name of Council

( ) Identity of Positive Covenant Positive Covenant under

referred to in above-mentioned plan Section 88E of the

Conveyancing Act 1919






PART 2

TERMS OF RESTRICTION ON USE …………………………………………….. REFERRED TO IN THE ABOVE-MENTIONED PLAN

The registered proprietor shall not make or permit or suffer the making of any alterations to the on-site stormwater detention system which is constructed on the lot(s) burdened without the prior consent in writing of ………………………………………(Insert name of Council). The expression “on-site stormwater detention system” shall include all ancillary gutters, pipes, drains, walls, kerbs, pits, grates, tanks, chambers, basins and surfaces designed to temporarily detain stormwater as well as all surfaces graded to direct stormwater to the temporary storage. Any on-site stormwater detention system constructed on the lot(s) burdened is hereafter referred to as “the system”.

Name of Authority having the power to release, vary or modify the Restriction ……………… referred to is ………………………………………(Insert name of Council).



TERMS OF POSITIVE COVENANT …………………………………..…………..REFERRED TO IN THE ABOVE-MENTIONED PLAN

1. The registered proprietor of the lot(s) hereby burdened will in respect of the system: (a) keep the system clean and free from silt, rubbish and debris (b) maintain and repair at the sole expense of the registered proprietors the whole of the

system so that if functions in a safe and efficient manner (c) permit the Council or its authorised agents from time to time and upon giving reasonable

notice (but at any time and without notice in the case of an emergency) to enter and inspect the land for the compliance with the requirements of this covenant

(d) comply with the terms of any written notice issued by the Council in respect of the requirements of this covenant within the time stated in the notice.

2. Pursuant to Section 88F(3) of the Conveyancing Act 1919 the Council shall have the following additional powers: (i) in the event that the registered proprietor fails to comply with the terms of any written

notice issued by the Council as set out above the Council or its authorised agents may enter the land with all necessary materials and equipment and carry out any work which the Council in its discretion considers reasonable to comply with the said notice referred to in part 1(d) above

(ii) The Council may recover from the registered proprietor in a Court of competent jurisdiction:

(a) any expense reasonably incurred by it in exercising its powers under subparagraph (i) hereof. Such expense shall include reasonable wages for the Council’s employees engaged in effecting the work referred to in (i) above, supervising and administering the said work together with costs, reasonably estimated by the Council, for the use of materials, machinery, tools and equipment in conjunction with the said work.

(b) legal costs on an indemnity basis for issue of the said notices and recovery of the said costs and expenses together with the costs and expenses of registration of a covenant charge pursuant to section 88F of the Act or providing any certificate required pursuant to section 88G of the Act or obtaining any injunction pursuant to section 88H of the Act.

Name of Authority having the power to release vary or modify the Positive Covenant

………………………………….. referred to is …………………………………(Insert name of Council).



F.5 Land Titles Office Information Bulletin September 1998 Number: 14

A Guide to the preparation of a Section 88B Instrument to:

· Create Easements, Profits à Prendre, Restrictions on the Use of Land or Positive Covenants

· Release Easements or Profits à Prendre

Note: This bulletin should be read in conjunction with the following:

· Information Bulletin No. 43 - ‘Creating an Easement over a Track in Use’

· Information Bulletin No. 56 - ‘Property Legislation (Easements) Amendment Act 1995.’

1. Introduction:

A Section 88B Instrument is the part of a deposited plan which upon registration

v creates Easements, Profit à Prendre, Restrictions on the Use of Land, and Positive Covenants [clause 27 Conveyancing (General) Regulation 1998]

v releases Easements and Profits à Prendre [clause 28 Conveyancing (General) Regulation 1998]

Note: Restrictions on the use of land and Positive Covenants cannot be varied or released by a Section 88B instrument. The Instrument must be drawn in accordance with Approved Form 10 (Annexures 2 and 3).

The original instrument must be lodged as part of the plan. Stamp Duty is not payable.

Identification of easements:

Easements must be identified on the face of the plan using 'alpha' symbols. A specimen plan is attached as Annexure 1.

It is necessary to identify easements with the same expression:

(a) In the statements of intention panel on the plan

(b) In the Section 88B Instrument and

(c) On the face of the plan

Note: Where a Section 88B Instrument, includes height limitations to define the stratum of an easement, profit à prendre, restriction or positive covenant, the accompanying deposited plan must comply with clause 47 of the Surveyors (Practice) Regulation 1996.

2. Preparation of a Section 88B Instrument:

A Section 88B instrument comprises three parts:

Part 1: Identifies each easement, profit à prendre, restriction or positive covenant to be created.

Part 1A: Identifies each easement or profit à prendre to be released.

Examples of the Schedules of lots burdened and benefited in Parts 1 and 1A are shown in Annexure 4



Part 2: Sets out the terms and conditions of easements profits à prendre, restrictions or positive covenants referred to in Part 1). Part 2 may not be required see Para.3.1

3. Creating easements:

Easements may be created with or without terms and conditions shown in Part 2 of the section 88B instrument.

3.1 Terms and conditions not required:

In order to simplify the creation of easements, the statutory form of easements may be used. Statutory easements adopt the terms and conditions specified in Schedule 4A (easements in gross) and Schedule 8 (easements having a dominant tenement) Conveyancing Act 1919.

The terms and conditions of an easement cannot refer to persons empowered to release vary or modify the easement. (see sec. 88[1](c) Conveyancing Act 1919). Following is a list of statutory easements (referred to as short form easements) set out in the Schedules that do not require terms and conditions to be included in Part 2 of the instrument:

(a) Right of Carriage Way

(b) Right of Foot Way

(c) Easement to Drain Water

(d) Easement to Drain Sewage

(e) Easement for Repairs

(f) Easement for Batter

(g) Easement for Drainage of Sewage

(h) Easement for Drainage of Water

(i) Easement for Electricity Purposes

(j) Easement for Overhang

(k) Easement for Services

(l) Easement for Water Supply

(m) Easement to permit Encroaching Structure to remain

(n) Right of Access

Note: The use of these expressions does not prevent the inclusion in Part 2 of variations of the terms and conditions referred to in the Schedules. Such variations may be by way of addition, exception, qualification or omission.

3.2 Terms and conditions required

Alternatively, an easement may be created for another purpose. In this case relevant terms and conditions must be shown in Part 2 of the instrument

4. Creating Profits à Prendre, Restrictions on Use of Land.



Terms and conditions of profits à prendre and restrictions on the use of land must always be shown in Part 2 of the instrument.

The terms and conditions of a Restriction on the Use of Land may state the person(s) empowered to release, vary or modify the restriction. (sec. 88[1](c) Conveyancing Act 1919)

Note: The sites of Restrictions and Profits à Prendre and are only identified on the face of the plan if they affect part of a lot.

5. Creating Positive Covenants

Terms and conditions of Positive Covenants must always be shown in Part 2 of the instrument. They may be created in favour of:

(a) Prescribed authorities (sections 88D & 88E Conveyancing Act 1919) or

(b) Privately owned land, where the covenant relates to maintenance or repair of an easement to be created by the instrument.

The site of the Positive Covenant is only shown on the face of the plan if it affects part of a lot.

Note:

A Section 88B Instrument cannot be used to create a Positive Covenant over an existing easement.

To record an interest relating to maintenance and repair of the site of an existing easement over:

(a) Torrens title land, a Request (97-11R) should be registered containing the terms of the covenant or

(b) Old System land, a deed containing the terms of the covenant should be registered in the General Register of Deeds.

6. Releasing Easements or Profits à Prendre

Section 88B Conveyancing Act 1919 provides for the release of easements and profits à prendre by the registration of a plan.

The identity of easements and Profits à Prendre to be released must be set out in:

v Part 1A of the instrument and v the statement of intention panel of the plan.

An example is shown in Annexure 3.

7. Signatures and Consents

Where an easement, profit à prendre, restriction or positive covenant is being created the plan and Section 88B instrument must be signed by:

(a) The registered proprietor

(b) Mortgagee

(c) Chargee or

(d) Covenant chargee and



Written consents must be furnished by any

(a) Caveator,

(b) Lessee, or

(c) Judgement creditor under any writ

in accordance with Section 195D Conveyancing Act 1919.

Note: Written consents may be dispensed with if the caveator, lessee or judgement creditor signs the plan and instrument.

Where an Easement or Profit à Prendre is being released:

The signatures and consents of all the parties relating to the dominant tenement

should be furnished.

Inquiries on all matters related to plans and associated dealings should initially be made in person at Customer Services Branch, second level, Land Titles Office, Queens Square, Sydney or by contacting the Telephone Inquiry Service on (02) 9228 6713.

David Mulcahy

Director of Land Titles and Registrar General First issued July 1987

Annexure 1





Annexure 2

Instrument setting out Terms of Easements/Profits à Prendre intended to be created or released and of Restrictions on the Use of Land and Positive Covenants intended to be created pursuant to Section 88B of the Conveyancing Act 1919.

Plan: Subdivision of Lot 8 D.P.29743 covered

by Subdivision Certificate No. 98/200 of

9/7/1998

Full name and address of the Grace Mary Brothers

owner of the land 4 Crane Avenue

Fine NSW 2775

Part 1

1. Identity of easement, profit à prendre, Right of Carriage Way and

restriction or positive covenant to be Easement for Services 2.7 wide

created and firstly referred to in the plan

Schedule of Lots etc. Affected

Lots Burdened Lots Benefited

82 81

2. Identity of easement to be created and Right of Way 2.1 wide and variable

secondly referred to in the plan width



81 82

3. Identity of positive covenant thirdly Positive Covenant

referred to in the plan



81 Goodarea Council

4. Identity of restriction fourthly referred Restriction on the Use of Land

to in the plan





81 Goodarea Council

82 Goodarea Council



Annexure 2




9/7/1998

Part 1A

1. Identity of easement to be released and Easement to Drain Water 2 wide

firstly referred to in the plan (DP 840601)



8/29743 9/29743

Part 2

Note: The terms for the positive covenant and restriction on the use of land, set out in Part 2, are included for the purposes of illustration only.

1. Terms of Right of Way 2.1 wide and variable secondly referred to in the plan.

(Insert terms and conditions).

2. Terms of Positive Covenant thirdly referred to in the plan

The Proprietor of the land hereby burdened (herein called 'the Proprietor') shall at all times in respect of the land hereby burdened, identified on the plan as 'stormwater retention basin’ (herein called 'the basin'): ..... (Insert terms and conditions).

3. Terms of Restriction on the Use of Land fourthly referred to in the plan

a. Not to erect or suffer to permit any building, structure or erection on the whole or in part of the land hereby burdened identified on the plan as 'stormwater retention basin' (herein called 'the basin') except: ..... (Insert terms of restrictions).

b. No alteration is to be made to the retention levels ..... (Insert terms of restrictions).

Name of authority empowered to release, vary or modify positive covenant and restriction thirdly and fourthly referred to in the plan.

Goodarea Council.



Annexure 2




9/7/1998

Signed in my presence by Grace Mary

Brothers who is personally known to me.

Signature of witness Grace Mary Brothers

Name of Witness (Block Letters)

Address and Occupation of Witness

Signed in my presence by Francis Richard

Drake (registered proprietor of dominant

tenement 9/29743) who is personally known

to me.

Signature of Witness Francis Richard Drake

Name of Witness (Block Letters)

Address and occupation of Witness



Annexure 3

Copy of Approved Form 10

Instrument setting out Terms of Easements/Profits à Prendre intended to be created or released and of Restrictions on the Use of Land and Positive Covenants intended to be created pursuant to Section 88B of the Conveyancing Act 1919 .

Plan: (Please leave 26 mm to allow for Plan of (heading of plan) covered by

plan number and heading of plan) Subdivision Certificate No. (add reference

as appropriate)

Full name and address of the owner of the land:

Part 1

1. Identity of easement, profit à (Brief description in same terms as

prendre, restriction or positive used in relevant statement in the covenant to be created and firstly plan).

referred to in the plan.

Schedule of Lots etc. affected

Lots burdened Lots, relevant roads, bodies or

prescribed authorities benefited.

(Set out vertically in numerical sequence of lot numbers. Title details should be added if

the land referred to is outside the plan).

(Continue above pattern until all easements, profits à prendre, restrictions, or positive

covenants to be created and referred to in the plan have been dealt with).

Part 1A



1. Identity of easement, profit à (Brief description in same terms as used

prendre, restriction or positive in relevant statement in the plan).

covenant to be created and firstly

referred to in the plan.

Lots burdened by existing Lots, relevant roads, bodies or prescribed easement, , profit à prendre authorities benefited by existing

easement.

(Set out vertically in numerical sequence of lot numbers. Title details should be added if

the land referred to is outside the plan).

(Continue above pattern until all easements, profits à prendre, restrictions, or positive

covenants to be created and referred to in the plan have been dealt with).

Annexure 3

Part 2

Terms of easement, profit à prendre, restrictions or positive covenant("firstly", or as the

case may be) referred to in the plan.

(Continue the above pattern until all easements, profits à prendre, restrictions or positive

covenants to be created and referred to in the plan have been dealt with)

Name of person empowered to release, vary or modify restriction or positive covenant

("firstly", or as the case may be) referred to in the plan:

(Not required where it is intended that the restriction may only be released, varied or modified by the owners for the time being of all lots benefited, or by order of the Supreme Court)

Annexure 4

Examples of the Schedule of Lots Burdened and Benefited

The following examples show recommended formats for the scheduling of lots burdened and benefited in Parts 1 and 1A of a Section 88B Instrument.

Lots burdened Lots benefited



1 2, 3 & 4

2 3 & 4

3 4

or or

Each lot except lot 6 (see note) Every other lot except lot 6 (see

note)

or or

Each of the lots 1 to 4 inclusive Every other lot and the

the part of lot 5 designated (A) in Council of ..................

the plan and lot 6

or or

Each lot Any prescribed authority

Note: This format should be used only for Restrictions on the Use of Land. The current title details and parcel identity must be shown for each lot or parcel of land burdened and/or benefited by the easement, profit à prendre, restriction, or positive covenant. The reference to title need only be referred to once throughout the instrument.

Copyright © 1998 NSW Land Titles Office.



F.6 Sample instrument when OSD is deferred

Sample 88B Instrument for use when the On-Site Detention system is not provided at the time of subdivision but is deferred until construction of a building development on the land.

This situation has caused considerable difficulties for new home builders in the past and will only be permitted by Council in exceptional circumstances.



INSTRUMENT SETTING OUT TERMS OF RESTRICTION ON THE USE OF LAND INTENDED TO BE CREATED PURSUANT TO SECTION 88E OF THE CONVEYANCING ACT 1919.

(Sheet .. of … sheets)

Plan: Subdivision of Lot …….D.P…………….

Covered by Council Clerk’s

Certificate No. ………………..

Of ………………………………

Full name and address ………………………………………………

Of proprietor of the land ………………………………………………

………………………………………………

PART 1

( ) Identity of restriction…………….. Restriction on use under Section 88E of the referred to in abovementioned plan Conveyancing Act 1919




( ) Identity of Positive Covenant Positive Covenant under

referred to in above-mentioned plan Section 88E of the

Conveyancing Act 1919




PART 2

TERMS OF RESTRICTION ON USE …………………………………………….. REFERRED TO IN THE ABOVE-MENTIONED PLAN

(i) The registered proprietor shall not erect or suffer the erection of any dwelling house or other structure on the lot(s) hereby burdened unless the registered proprietor has first constructed or has made provision for the construction of an on site stormwater detention system on the



said lot(s), in accordance with the design, construction and/or provision requirements of the ………………………………………(Insert name of Council) and to the satisfaction of the ……………………………………… (Insert name of Council). The expression “on-site stormwater detention system” shall include all ancillary gutters, pipes, drains, walls, kerbs, pits, grates, tanks, chambers, basins and surfaces designed to temporarily detain stormwater as well as all surfaces graded to direct stormwater to the temporary storage.

PART 2 (Continued)

(ii) The registered proprietor shall not make or permit or suffer the making of any alterations to any onsite stormwater detention system which is, or shall be, constructed on the lot(s) burdened without the prior consent in writing of ………………………………………(Insert name of Council) . The expression “on-site stormwater detention system” shall include all ancillary gutters, pipes, drains, walls, kerbs, pits, grates, tanks, chambers, basins and surfaces designed to temporarily detain stormwater as well as all surfaces graded to direct stormwater to the temporary storage. Any on-site stormwater detention system constructed on the lot(s) burdened is hereafter referred to as “the system”. Name of Authority having the power to release, vary or modify the Restriction ……………… referred to is …………………(Insert name of Council).

TERMS OF POSITIVE COVENANT …………………………………..…………..REFERRED TO IN THE ABOVE-MENTIONED PLAN

3. The registered proprietor of the lot(s) hereby burdened will in respect of the system: (a) keep the system clean and free from silt, rubbish and debris (b) maintain and repair at the sole expense of the registered proprietors the whole of the

system so that if functions in a safe and efficient manner (c) permit the Council or its authorised agents from time to time and upon giving reasonable

notice (but at any time and without notice in the case of an emergency) to enter and inspect the land for the compliance with the requirements of this covenant

(d) comply with the terms of any written notice issued by the Council in respect of the requirements of this covenant within the time stated in the notice.

4. Pursuant to Section 88F(3) of the Conveyancing Act 1919 the Council shall have the following additional powers: (iii) in the event that the registered proprietor fails to comply with the terms of any written

notice issued by the Council as set out above the Council or its authorised agents may enter the land with all necessary materials and equipment and carry out any work which the Council in its discretion considers reasonable to comply with the said notice referred to in part 1(d) above

(iv) The Council may recover from the registered proprietor in a Court of competent jurisdiction:

(a) any expense reasonably incurred by it in exercising its powers under subparagraph (i) hereof. Such expense shall include reasonable wages for the Council’s employees engaged in effecting the work referred to in (i) above, supervising and administering the said work together with costs, reasonably estimated by the Council, for the use of materials, machinery, tools and equipment in conjunction with the said work.

(b) legal costs on an indemnity basis for issue of the said notices and recovery of the said costs and expenses together with the costs and expenses of registration of a covenant charge pursuant to section 88F of the Act or providing any certificate required pursuant to section 88G of the Act or obtaining any injunction pursuant to section 88H of the Act.

Name of Authority having the power to release vary or modify the Positive Covenant

………………………………….. referred to is …………………………………(Insert name of Council)



The apparent discrepancy in the capacity of the roadway widths shown on Drawing No. 1238 over, is not obvious at first glance. An explanation follows:-

1. The most efficient hydraulic cross- section is one which is rectangular.

2. As the roadway widens the hydraulic cross-section changes from almost rectangular at 6m wide to 2 distinct separate triangles.

3. By this, at a fixed depth of 150mm on the roadway, the cross- sectional flow area increases marginally by widening the road. However, the hydraulic radius decreases as does the conveyance of the cross- sections. Therefore, the capacity of the cross- section of the 12m road is actually less than the 6m roadway.

4. Note the roadway capacities are calculated by Manning’s equation for a compound cross-section.





TABLE 7.1

Maximum Flow Capacities of Roadways with Standard Kerb & Gutter, 3% Crossfall and Depth of Ponding 150mm

FLOW CAPACITY L/s Longitudinal Width of Road

Slope %

6m

8m

12m

1 668 654 636 2.5 1054 1034 1006 5 1492 1462 1422

7.5 1826 1792 1742 10 2108 2068 2012

12.5 2358 2312 2250 15 2580 2532 2464

16.7 2724 2674 2600

TABLE 7.2

Maximum Flow Capacities of Roadways with Roll Top Kerb, 3% Crossfall and Depth of Ponding 130mm

FLOW CAPACITY L/s Longitudinal Width of Road

Slope %

6m

8m

12m

1 578 565 542 2.5 914 894 858 5 1292 1264 1214

7.5 1584 1548 1486 10 1828 1787 1716

12.5 2044 1998 1918 15 2240 2189 2102

16.7 2360 2309 2220



STANDARD SUMPS AND INLET PITS







TYPICAL CONNECTION TO COUNCIL DRAINAGE PIPELINE



Chapter E15: Water Sensitive Urban Design

Contents

1 INTRODUCTION 1

2 OBJECTIVES 1

3 KEY PRINCIPLES OF WATER SENSITIVE URBAN DESIGN (WSUD) 1

4 DEVELOPMENT TO WHICH THIS POLICY RELATES 2

5 STORMWATER TREATMENT TRAINS 2

6 SELECTING A WSUD TREATMENT MEASURE 3

7 TYPES OF WATER SENSITIVE URBAN DESIGN (WSUD) TREATMENT MEASURES 3

7.1 General 3 7.2 Rainwater Tanks 4 7.3 Gross Pollutant Traps (GPTs) 5 7.4 Vegetated or Grassed Swales 6 7.5 Buffer Strips 8 7.6 Bio-Retention Swales 8 7.7 Bio-Retention Basins 9 7.8 Sedimentation Basins 11 7.9 Constructed Wetlands 12 7.10 Infiltration Measures 16 7.11 Porous Pavements 16

8 WSUD PRINCIPLES FOR SUBDIVISION ROAD AND LOT LAYOUT DESIGN 18

9 STORMWATER QUALITY PERFORMANCE TARGETS 18 9.1 Development Control 18

10 PRE-LODGEMENT CONSULTATION OF PROPOSED WSUD STRATEGY 19

11 PREPARATION OF WSUD STRATEGY 20 11.1 General 20 11.2 Key Issues / Chapters to be included in a WSUD Strategy 20 11.3 Modeling Tools for determining the size and configuration

of WSUD Treatment Measures 22

12 POST DEVELOPMENT CONSENT PHASE 22 12.1 Construction Phase – Inspection of WSUD Assets 22 12.2 Monitoring and Validation of WSUD Measures 23 12.3 Works as Executed (WAE) Drawings & Compliance

Certificates 24 12.4 Handover of WSUD Assets 24

13 REFERENCES / ACKNOWLEDGEMENTS 26

Part E – General Controls – Environmental Controls Chapter E15: Water Sensitive Urban Design


1 INTRODUCTION

This chapter of the DCP outlines Council’s requirements for the incorporation of Water Sensitive Urban Design for certain development types.

The integration of urban water cycle management with urban planning and design is known as Water Sensitive Urban Design (WSUD). WSUD is a holistic approach to the planning and design of urban development that aims to minimise negative impacts on the natural water cycle and protect the health of aquatic ecosystems. WSUD promotes the integration of stormwater, water supply and wastewater management at the development stage. WSUD requires the consideration of the urban water cycle at the early planning stage to ensure all possible opportunities for application of best practice water cycle management solutions can be realised. The urban water cycle involves the cycling of water through the urban environment.

WSUD promotes innovative integration of urban water management technologies into an urban environment.

This chapter focuses on WSUD stormwater quality management and improvement measures only and should be specifically read in conjunction with the Stormwater Management and Floodplain Management chapters contained in Part E of this DCP.

This chapter should also be read and applied in conjunction with other parts of the DCP, especially Part D of the DCP which provides Council’s requirements for residential subdivision, residential development, mixed use development, industrial development / subdivision and development in the business zones.

2 OBJECTIVES

1. The main objectives of water sensitive urban design are:

(a) To sustainably integrate natural systems with urban development.

(b) To integrate stormwater drainage treatments into the landscape.

(c) To ensure water sensitive urban design treatment measures are incorporated in new developments taking into account stormwater management and floodplain management issues.

(d) To improve the potential for urban run-off reuse.

(e) To minimise the volume of stormwater run-off.

(f) To protect the quality of water run-off from urban development.

(g) To reduce run-off and peak flows from urban developments by local detention basins and minimising impervious areas, wherever practicable.

(h) To preserve, restore and enhance riparian corridors as natural systems.

(i) To minimise the drainage infrastructure cost of development.

3 KEY PRINCIPLES OF WATER SENSITIVE URBAN DESIGN (WSUD)

1. The key principles of WSUD are to:

(a) Protect existing natural features and ecological processes.

(b) Maintain the natural hydrologic behaviour of catchments.



(c) Protect water quality of surface and ground waters.

(d) Minimise demand on the reticulated water supply system.

(e) Minimise sewage discharges to the natural environment.

(f) Integrate water into the landscape to enhance ecological, visual, social, economic and cultural values.

4 DEVELOPMENT TO WHICH THIS POLICY RELATES

1. The incorporation of appropriate water sensitive urban design measures may be required for the following types of development (subject to Council’s confirmation at the formal pre-lodgement meeting):

(a) Residential land subdivisions involving 50 or more proposed allotments.

(b) Medium density housing involving 20 or more dwellings.

(c) Residential apartment buildings involving 20 or more residential apartments.

(d) Mixed use developments involving 20 or more residential apartments or a gross floor area of 3,000 square metres or more (whichever the lesser).

(e) Serviced apartment or hotel developments.

(f) Industrial developments (including major alterations and additions to existing industrial buildings) involving a site area of 2 hectares or more.

(g) Industrial subdivisions involving 10 or more proposed allotments or a site area of 2 hectares or more (whichever is the lesser).

(h) Business parks.

(i) Commercial office developments involving a gross floor area of 10,000 square metres or more.

5 STORMWATER TREATMENT TRAINS

1. A series of treatment measures that collectively address all stormwater pollutants is termed a “treatment train”. The selection and order of treatments is a critical factor in developing treatment trains. The coarse fraction of pollutants generally requires removal so that treatments target fine pollutants can operate effectively. The proximity of a treatment to its source and the distribution of treatments throughout a catchment are other factors which are important in developing a treatment train.

2. Stormwater treatments that target the removal of gross pollutants and coarse sediments such as gross pollutant traps (GPTs) and sedimentation basins can operate under high hydraulic loading and can treat high flow rates.

3. As the target pollutant particle size reduces, the nature of the treatment process changes to include enhanced sedimentation, bio film absorption and biological transformation of the pollutants. The treatment processes include grass swales, vegetated buffer strips, surface wetlands and infiltration systems which require longer detention times than for GPTs, in order to



allow various pollutant removal processes to occur. The hydraulic loading on these treatment processes is relatively low in comparison to gross pollutant removal measures.

4. A treatment train consists of a combination of treatment measures that can address the range of pollutant particle sizes in stormwater. Therefore, a treatment train employs a range of processes to achieve pollutant reduction targets such as physical screening, enhanced sedimentation and filtration.

6 SELECTING A WSUD TREATMENT MEASURE

1. The Water Sensitive Urban Design (WSUD) treatment measures can be grouped into three (3) main categories, namely:

(a) Primary Treatment – Physical screening or rapid sedimentation techniques – gross pollutants and coarse sediments.

(b) Secondary Treatment – Finer particle sedimentation and filtration techniques – fine particles and attached pollutants.

(c) Tertiary Treatment – Enhanced sedimentation and filtration, biological uptake, absorption onto sediments.

2. The CSIRO Urban Stormwater : Best Practice Environmental Management Guidelines 1999 recommends that a range of treatments may be required to reduce one or more of the following pollutant categories, in order to protect receiving waters:

(a) Gross pollutants – trash, litter and vegetation larger than 5 millimetres;

(b) Coarse sediment – contaminant particles are between 5 millimetres and 0.5 millimetres;

(c) Medium sediment – contaminant particles are between 0.5 millimetres and 0.062 millimetres;

(d) Fine sediments – contaminant particles are smaller than 0.062 millimetres;

(e) Attached pollutants – Those pollutants that are attached to fine sediments, specifically, nutrients, heavy metals, toxicants and hydrocarbons and / or;

(f) Dissolved pollutants – typically, nutrients, heavy metals and salts.

7 TYPES OF WATER SENSITIVE URBAN DESIGN (WSUD) TREATMENT MEASURES

7.1 General 1. The main WSUD treatment measures include:

(a) Rainwater tanks.

(b) Gross Pollutant Traps / Litter Traps.

(c) Grassed and Vegetated Swales.

(d) Bio-Retention Systems.



(e) Bio-Retention Basins.

(f) Sedimentation Basins.

(g) Constructed Wetlands.

(h) Infiltration Measures.

(i) Aquifer Storage and Recovery.

(j) Porous Pavements.

2. The role and function level of the various WSUD treatment measures is summarised in the following Table 1:

Table 1: Primary Role and Function of WSUD Treatment Measures

WSUD Treatment Measure Water Quality Function Water Quantity Function

Rainwater Tanks Low High

Gross Pollutant Traps (GPTs) High Low

Grassed and Vegetated Swales High Low

Bio-retention Systems High Medium

Bio-retention Basins High Medium

Sedimentation Basins High Medium

Constructed Wetlands High Low

Infiltration Measures High Medium

Aquifer Storage and Recovery Medium Low

Porous Pavements Medium Medium

7.2 Rainwater Tanks

1. Rainwater tanks reduce the hydraulic loading supplied to on-site treatment measures (therefore improving treatment measures) and act as detention systems for storing rainfall that would otherwise be conveyed to a point of discharge.

2. The water from a rainwater tank may be used for internal toilet flushing and hot water uses and for external uses such as watering gardens, car washing and topping up swimming pools etc.

3. Rainwater tanks are a suitable WSUD element for all scales of residential, mixed use, commercial and industrial development.

4. Rainwater tanks are particularly suited to detached housing, multi dwelling developments and high density residential apartment buildings and mixed use buildings where a greater proportion of the site (roofing area) contributes to rainwater tanks and minimises adverse effects associated with stormwater runoff.



5. Where rainwater tanks are not fitted during the initial development phase, it is recommended that the development be designed to enable the retrofitting of rainwater tanks at a later stage.

6. Rainwater tanks must be:

(a) Sized to have a rainwater storage volume not less than that required by any BASIX

Certificate issued for the development, and configured in accordance with the requirements of that Certificate;

(b) Sized to have a rainwater storage volume not less than that defined in this DCP;

(c) Designed and located to capture rainwater from at least 50 per cent of the roof area in low and medium-density residential developments, and 100 per cent of the roof area for high-density residential developments;

(d) Designed and connected to provide water at least for site irrigation (garden watering etc.) and toilet flushing;

(e) Fitted with a first-flush device, which diverts a maximum of 1mm of roof water. The device is to include a primary litter/leaf mesh screen and a first-flush containment storage with a small orifice to empty the storage between rain events. The first-flush water is to be directed to a vegetated area or other WSUD measure, before discharging to the drainage system;

(f) Designed and configured to ensure provision of water for all purposes in the event of a power failure or the tank water level falling below a defined level or volume. This may comprise:

(i) A bypass mechanism to allow mains water to be used for toilet flushing, site irrigation etc. in the event of power failure disabling the pump (subject to water authority approval). The tank bypass line must incorporate an appropriate backflow prevention device; or

(ii) A float-valve system (or equivalent) to allow the tank to be filled to a pre-determined level when the tank water level fall below a defined volume.

(g) Designed so the overflow drains to a bio-retention system and may incorporate additional storage volume for (temporary) on-site detention of stormwater.

7.3 Gross Pollutant Traps (GPTs) 1. A gross pollutant trap (GPT) is a sediment trap incorporating a litter or trash rack (with vertical

steel bars), at the downstream end of the trap.

2. Gross pollutant traps (GPTs) are designed to screen and trap litter and debris before it enters watercourses. Some GPTs also remove bed load sediments and some suspended sediments through rapid sedimentation. Gross pollutant traps are used in conventional drainage systems either in stormwater drainage pipes, at outfalls and in open channels and may also be used as pre-treatments for WSUD elements including the protection of rehabilitated waterways.

3. Gross pollutant traps generally remove coarse litter and sediment greater than 5 millimetres.

4. Gross pollutant traps enable coarse sediments to settle to the bottom by decreasing the stormwater flow velocity. This is achieved by increasing the width and depth of the channel of the GPT wet basin. The trash rack at the downstream end of the basin is intended to collect floating and submerged debris as per a conventional trash rack.



5. Gross pollutant traps are designed to retain solid litter that has washed into the system without retarding flows or increasing water levels in the drainage system. However, many water sensitive urban design (WSUD) elements do not require a GPT as the entry of litter and debris into the stormwater system can be restricted by filtration media.

6. The type and capacity of the GPT should be based upon the likely pollutant loading expected which may be determined using computer simulation modelling.

7. The selection and design of the GPT is dependent upon the land uses in the catchment, the likely pollutants and the treatment provided upstream. In this regard, GPTs can be designed for different catchment scales from less than one (1) hectare to more than 100 hectares. Different GPTs employ different methods of litter separation and containment and their performance varies greatly.

8. The regular maintenance of the GPT structure is required and involves the removal of litter and debris as well as the removal of collected coarse sediment.

7.4 Vegetated or Grassed Swales 1. Swales are vegetated or grass lined channels used as an alternative to kerb and channel.

2. Vegetated swales are used to convey stormwater in lieu of underground stormwater piped drainage systems and are designed to remove coarse and medium sediment.

3. Swales are beneficial in providing a ‘buffer’ between the receiving water and the impervious areas of a catchment such as roads. Swales work by interacting and slowing stormwater runoff as it passes through a locality. This control of flow means pollutants can settle in the vegetation contained in the swale.

4. Swales form part of an overall stormwater ‘treatment train’ to deliver acceptable stormwater quality for discharge to aquatic ecosystems or for potential reuse applications.

5. Swales should also be designed to disconnect impervious areas from hydraulically efficient piped drainage systems, in order to protect aquatic ecosystems in receiving waterways by managing the frequency of damage to aquatic habitats by storm flows. This is achieved by slower travel times for flows along swale systems compared with efficient pipe drainage systems. This reduces the rapid response from impervious areas, particularly for frequent storm events and resultant impact on natural receiving waterways.

Figure 3: Example of grassed swale (top) and vegetated swale (bottom) (Source: Water Sensitive Urban Design of the Sydney Region)



6. The longitudinal slope of a swale is recommended to be between 2% to 4%, in order to prevent any water ponding or water logging problems on sites. Steeper slopes (greater than 4%) are not recommended given potential embankment scouring and erosion problems along the swale. However, if steeper slopes cannot be avoided, the provision of dense vegetation, check banks along swales and / or drop structures may help to distribute flows evenly across the swales and to assist in slowing runoff velocities. The creation of check banks may be achieved through depressions in the grassed invert level of the channel. A porous base or infiltration trench with perforated drain is required below the check dam area.

7. A filtration trench or sub-soil drain system is required under the invert level of swales with longitudinal slopes of less 2% to prevent water ponding.

8. Swales with longitudinal slopes of 2% or less should be “V” shaped, whereas swales with slopes greater than 2% should incorporate wider parabolic shaped bases.

9. Vegetation is an integral component of swales since it promotes constant distribution and retardation of flows. Vegetation is required to cover the full width of a swale and be designed to withstand the likely design flows and velocities. The vegetation of the swale must also be of a sufficient density in order to guarantee significant contact between flows and vegetation.

10. If run-off enters a swale as distributed flow (ie perpendicular to the main flow direction), the swale batter receiving the inflows acts as a vegetated buffer and can provide an important pre-treatment function for the swale by removing coarse sediment prior to flows concentrating along the invert of the swale.

Figure 6: Examples of grassed swale (Source: Water Sensitive Urban Design of the Sydney Region)



Figure 7: (Top left) Examples of Vegetated Swale (Source: Water Sensitive Urban Design of the Sydney Region)

7.5 Buffer Strips 1. Buffer strips provide discontinuity between impervious surfaces and the drainage system. Buffer

strips should be placed lower than the road surface to allow for sediment accumulation. The set down required is a trade-off between potential scouring effect and providing adequate depth to enable the sufficient build-up space for accumulated sediment.

7.6 Bio-Retention Swales General

1. Bio-retention swales (or bio-filtration trenches) are treatment systems that are located at the downstream end of a swale (ie immediately upstream of the swale overflow pit). Bio-retention swales provide both stormwater treatment and conveyance functions. The swale component provides a stormwater pre-treatment function by removing coarse to medium sediments whilst the bio-retention system removes finer particles and associated pollutants.

2. Bio-retention swales provide efficient treatment of stormwater through fine filtration, extended detention treatment with some biological uptake. Bio-retention swales are very efficient at removing nitrogen and other soluble or fine particulate contaminants and provide a run-off conveyance function along the full length of the swale.

3. Runoff is filtered through a filter media as it percolates downwards under gravity. The filtered runoff is then collected at the base of the filter media via perforated pipes and flows to downstream watercourses or to storages for potential reuse.

4. The reduction of runoff volumes can be primarily attributed to maintaining soil moisture of the filter media and evapotranspiration losses.

5. The longitudinal slope of a bio-retention swale should be between 2% to 4%, in order to prevent any water ponding or water logging problems on sites.

Vegetation in Bio-retention Swales

1. Vegetation that grows in the filter media of bio-retention swales is an integral component of these treatment measures.



2. Bio-retention swales can use a variety of vegetation types including turf (swale component only), sedges and tufted grasses. Vegetation is required to cover the whole width of the swale and bio-retention filter media surface. The vegetation must be capable of withstanding design flows and be of sufficient density to prevent preferred flow paths and scour of deposited sediments.

3. Grassed (turf) bio-retention swales may be used in a residential or industrial subdivision where a continuous bio-retention trench approach is used. However, grassed bio-retention swales need to be mown to protect the conveyance capacity of the swale component and therefore repeated mowing of the grass over a continuous bio-retention trench can result in long term compaction of the filter media and reduce its treatment performance. Therefore, the preferred vegetation type for bio-retention swales is sedges and tufted grasses (with potential occasional tree plantings) that do not require mowing.

4. The denser and taller the vegetation planted in the bio-retention filter media, the better the treatment provided, especially during extended detention. Taller vegetation has better interaction with temporarily stored stormwater during ponding, which results in enhanced sedimentation of suspended sediments and associated pollutants. The vegetation that grows in the bio-retention filter media also acts to continuously break up the surface of the media through plant root growth and wind induced agitation, which prevents surface clogging. Vegetation also provides a substrate for bio-film growth in the upper layer of the filter media which facilitates biological transformation of pollutants (particularly nitrogen).

5. Dense vegetation planted along the swale component can also offer improved sediment retention by reducing flow velocity and providing vegetation enhanced sedimentation for deeper flows. However, densely vegetated swales have higher hydraulic roughness and therefore require a larger area and/ or more frequent use of swale field inlet pits to convey flows compared to grass swales. Densely vegetated bio-retention swales can become features of an urban landscape and once established, require minimal maintenance and are hardy enough to withstand large flows.

6. Bio-retention swales may be located within passive open space areas, car parks or along roadway corridors within road verges or centre medians. Landscape design of bio-retention swales along the road edge can assist in defining the boundary of road corridors as well as providing landscape character and amenity. It is therefore important that the landscape design of bio-retention swales addresses stormwater quality objectives whilst also being sensitive to stormwater flow requirements and as well as these other important landscape functions.

7.7 Bio-Retention Basins General

1. Bio-retention basins operate with the same treatment processes as bio-retention swales but do not have a conveyance function. High stormwater runoff flows are bypassed away from the bio-retention basin or are discharged into an overflow structure.

2. Bio-retention basins should be designed to provide efficient treatment of stormwater through fine filtration, extended detention treatment and some biological uptake, particularly for nitrogen and other soluble or fine particulate contaminants.

3. Bio-retention basins can be installed in a range of scales and shapes with smaller systems taking the form of planter beds in car park areas or within the verge of the footpath area. Larger bio-retention basins may be constructed at the outfall of a drainage system, to provide suitable end of pipe treatment to runoff from larger sub-catchments.

4. Bio-retention basins must be located, configured and designed to treat runoff from at least 90 per cent of the impervious area of the site (i.e. driveway, paved areas and any roof area not draining to a rainwater tank). Vegetated filter strips should be located between impervious areas and the bio-retention measure wherever possible.



5. Bio-retention basins must have temporary storage (detention) depth 150mm and a filter media depth of not less than 600mm.

Figure 8: Examples of Bio-Retention Basins (Source: Water Sensitive Urban Design of the Sydney Region)

6. Bio-retention basins must be constructed using a loamy sand filter medium of the following characteristics:

(a) Well graded, with no gaps in the particle size distribution.

(b) Total silt and clay content of less than 3 per cent w/w.

(c) Organic matter content of less than 5 per cent w/w.

(d) Not hydrophobic and not indicate dispersive properties.

7. Bio-retention basins must incorporate an impervious liner where surrounding soils are likely to be sensitive to any exfiltration from the bio-retention measure (e.g. sodic soils, shallow groundwater or close proximity to significant structures).

8. Bio-retention basins must be planted with hardy plants that are able to withstand prolonged periods of dry and wet conditions (preferably local indigenous plants). Plants with extensive and deep root systems will provide the best water quality treatment.

Hydraulic Design of Bio-retention Basins

1. The hydraulic design of a bio-retention basin is critical in ensuring the effective stormwater treatment performance of the basin as well as protecting the hydraulic integrity and function of associated minor and major drainage systems, to minimise storm flow damage.

2. The following aspects are critical in the design of an effective bio-retention basin:

(a) The finished surface of the bio-retention filter media must be horizontal (i.e. flat) to ensure full engagement of the filter media by stormwater flows and to prevent concentration of stormwater flows within depressions and ruts resulting in potential scour and damage to the filter media.

(b) The temporary ponding of up to 0.3 metres depth over the surface of the bio-retention filter media (ie created through the use of raised field inlet pits (overflow pits)) can assist in managing flow velocities over the surface of the filter media as well as increase the overall volume of stormwater runoff that can be treated by the bio-retention filter media.



(c) The overflow pit or bypass channel should be located near the inflow zone to prevent high flows passing over the surface of the filter media. If this is not possible, then velocities during the minor (2-10 year ARI) and major (50-100 year ARI) floods should be maintained sufficiently low (preferably below values of 0.5 m/s and not more than 1.5 m/s for major flood) to avoid scouring of the filter media and vegetation.

(d) Where the field inlet(s) in a bio-retention system is required to convey the minor storm flow (i.e. is part of the minor drainage system), the inlet must be designed to avoid blockage, flow conveyance and public safety issues.

7.8 Sedimentation Basins 1. Sedimentation basins are designed to retain coarse sediments from run-off and are generally the

first element in a treatment train. Sedimentation basins are primarily used for the trapping of sediments in runoff from construction sites and as pre-treatment measure, in order to protect downstream stormwater treatment measures (eg wetlands) from becoming overloaded with sedimentation.

2. Sedimentation basins operate by reducing flow velocities and encouraging sediments to settle out of the water column. The recommended target particle size is 0.125mm for the design of a sediment basin.

Figure 9: Examples of Bio-Retention Basins (Source: Water Sensitive Urban Design of the Sydney Region)

3. Sedimentation basins are typically constructed as ephemeral basins so that they drain during prolonged dry periods and refill only during rainfall runoff events.

4. Sedimentation basins are also generally constructed to a maximum depth of 1.5 metres to 2 metres, in order to allow sufficient depth for sediment accumulation whilst minimising the potential for fringing aquatic macrophytes to colonise the basin.

5. Enhanced sedimentation processes allow finer particles to settle within the basin.

6. The large quantity of coarse sediment carried in stormwater will require a suitable maintenance regime, to enable regular removal of sediment from the sediment basin. In this regard, the maintenance regime should involve processes which separate the coarser sediment from the finer sediment material since the fine sediment material typically contains the higher concentration of contaminants such as hydrocarbons and / or heavy metals.

7. The batter slopes on approaches and immediately beneath the permanent water level within a sedimentation basin, must be designed to ensure public safety.



8. The public safety requirements will vary from site to site and requires careful consideration. The maximum batter slope for a sedimentation basin should be 1 in 5 (Vertical: Horizontal).

7.9 Constructed Wetlands 7.9.1 General

1, Constructed wetlands are generally shallow water bodies with extensive aquatic vegetation.

2. Constructed wetlands generally consist of:

(a) An inlet zone (or sediment basin) regulates water flow runoff into the wetland and removes coarse sediments;

(b) A marcophyte zone which is a shallow heavily vegetated area to remove fine particulates and uptake of soluble pollutants; and

(c) A high flow bypass channel which is designed to protect the macrophyte zone from high velocity flood flows.

3. Wetland processes are improved by slowly passing runoff through heavily vegetated areas, allowing plants to filter sediments and pollutants from the water. Bio-films which grow on plants absorb nutrients and other contaminants.

4. Wetlands can also provide a flood protection function when used as a detention basin. Additionally, wetlands can also provide a water storage function for later reuse for spray irrigation purposes.

5. Constructed wetlands are designed to mimic the natural efficiency of these areas in treating both the quality and peak discharge flow rate of large stormwater flows.

6. Constructed wetlands are typically best suited to large scale residential or industrial subdivisions and are designed as end of line treatment devices.

7.9.2 Inlet Zone of a Constructed Wetland

1. The inlet zone of a constructed wetland is designed as a sedimentation basin and serves two functions: (1) pre-treatment of inflow to remove coarse to medium sized sediment; and (2) the hydrologic control of inflows into the macrophyte zone and bypass of floods during ‘above design’ operating conditions.

2. The inlet zone in a constructed wetland should contain the following elements:

(a) A sedimentation basin ‘pool’ to capture coarse to medium sediment (125 μm or larger).

(b) An inlet zone connection to the macrophyte zone consisting of an overflow pit within the inlet zone connected to one or more pipes through the embankment separating the inlet zone and the macrophyte zone.

(c) High flow bypass weir (or ‘spillway’ outlet structure to deliver ‘above design’ flood flows to the high flow bypass channel.

(d) The inlet zone typically must comprise a deep open water body (> 1.5m) that operates essentially as a sedimentation basin designed to capture coarse to medium sized sediment (i.e. 125 μm or larger).



(e) A Gross Pollutant Trap (GPT) may need to be installed such that litter and large debris can be captured at the interface between the incoming waterway or pipe and the open water of the inlet zone.

(f) The crest of the overflow pit must be set at the permanent pool level of the inlet zone (which is typically set 0.3 metres above the permanent water level of the macrophyte zone).

(g) The dimension of the overflow pit (control structure) should be set at the permanent pool level of the inlet zone (which is typically set 0.3 metre above the permanent water level of the macrophyte zone).

(h) The pipe that connects the sedimentation basin to the macrophyte zone needs to have sufficient capacity to convey a 1 year ARI flow, assuming the macrophyte zone is at the permanent pool level and without resulting in any flow over the high flow bypass weir.

(i) An energy dissipater is generally required at the end of the pipes to reduce velocities and distribute flows into the macrophyte zone.

(j) The inlet zone is to have a structural base (e.g. rock or concrete) to define the base when desilting and provide support for maintenance plant/ machinery when entering the basin for maintenance.

(k) The high flow bypass weir (‘spillway’ outlet) is to be set at the same level as the top of extended detention in the macrophyte zone.

7.9.3 Macrophyte Zone Design Considerations

1. The layout of the macrophyte zone is recommended to be designed to ensure that the hydraulic efficiency of the system is optimised and healthy vegetation is sustained over the long term.

2. The general design considerations for the layout of the macrophyte zone within a constructed wetland include (but are not necessary limited to) the following:

(a) The preferred extended detention depth is 0.5 metres. Deeper extended detention depths up to a maximum of 0.75 metres may be acceptable where the wetland hydrologic effectiveness is greater than 80% and where the botanic design uses plant species tolerant to greater depths of inundation.

(b) The bathymetry of the macrophyte zone should be designed to promote a sequence of ephemeral, shallow marsh, marsh and deep marsh zones in addition to small open water zones. The relative proportion of each zone will be dependent on the target pollutant and the wetland hydrologic effectiveness.

(c) The macrophyte zone is required to retain water permanently and therefore the base must be lined with a suitable clay material to retain water. If in-situ soils are unsuitable for water retention, a clay liner (ie compacted a minimum 300mm thick) must be used to ensure there will be permanent water for vegetation and habitat.

(d) The bathymetry of the macrophyte zone should be designed so that all marsh zones are connected to a deeper open water zone to allow mosquito predators such as frogs to seek refuge in the deeper open water zones during periods of extended dry weather.

(e) The placement of the inlet and outlet structures and the length to width ratio of the macrophyte zone and flow control features are particularly critical, in order to promote a high hydraulic efficiency within the macrophyte zone.



(f) The constructed wetland should be designed to enable draining of the macrophyte zone for water level management, during the plant establishment phase.

(g) The macrophyte zone outlet structure needs to be designed to provide a notional detention time (usually 48 to 72 hours) for a wide range of flow depths. The outlet structure should also include measures to exclude debris to prevent clogging.

7.9.4 Wetlands Constructed within Retention (or Detention) Basins

1. Wetlands may in some cases be constructed at the base of retention basins, thus reducing the land required for stormwater treatment. In these situations, wetland systems may occasionally become inundated to greater depths than the extended detention depth; however, the inundation duration is generally relatively shorter (hours) and is unlikely to affect the wetland vegetation provided there is a safe pathway to drain the wetland following flood events which avoids scour of the wetland vegetation and banks.

2. When designing a wetland within a retention basin, the outlet control structure of the retention basin (typically culverts) should be placed at the end of the wetland bypass channel. This ensures flood flows ‘backwater’, across the wetland thus protecting the macrophyte vegetation from scour by high velocity flows.

Figure 10: Example of a constructed wetland (left) and a constructed wetland within a retention basin (Source: Water Sensitive Urban Design of the Sydney Region)

7.9.5 Vegetation Type

1. Vegetation planted in the macrophyte zone has an important functional role in treating stormwater flows as well as adding aesthetic value. Dense planting of the littoral zone will also inhibit public access to the macrophyte zone, minimising potential damage to wetland plants and reducing the safety risks posed by water bodies.

2. The plant species for the constructed wetland should be selected based on the hydrologic regime, microclimate and soil types of the locality and physiological and structural characteristics, natural distribution of the wetland plants. The planting densities should ensure that 70 - 80 % cover is achieved within two growing seasons (2 years). The distribution of the species within the wetland should relate to their structure, function, relationship and compatibility with other species.

7.9.6 Wetland Design to Reduce Mosquito Incidence

1. The following aspects should be considered in the design of a constructed wetland, in order to minimise the incidence of mosquitoes:



(a) Access for mosquito predators such as frogs, fish and predatory insects, to all parts of the water body (avoid stagnant isolated areas of water).

(b) Provision for a deep sump of permanent water (for long dry periods or for when water levels are artificially lowered) so that mosquito predators such as frogs may seek refuge and maintain a presence in the wetland.

(c) Maintaining natural water level fluctuations that disturb the breeding cycle of some mosquito species.

(d) Wave action from wind over open water will discourage mosquito egg laying and disrupt the ability of larvae to breathe.

(e) Providing a bathymetry such that regular wetting and drying is achieved and water draws down evenly so isolated pools are avoided.

(f) Providing sufficient gross pollutant control at the inlet such that human derived litter does not accumulate and provide breeding habitat.

(g) Ensuring overflow channels don’t have depressions that will hold water after a storm event.

2. Each case has to be considered on its own merits. It may be possible that a well established constructed wetland will have no significant mosquito breeding associated with it; however, changes in climatic and vegetation conditions could change that situation rapidly. Maintaining awareness for mosquito problems and regular monitoring for mosquito activity should be considered as a component of the management of these sites.

7.9.7 Access into the Constructed Wetland

1. Access to all areas of a constructed wetland is required for maintenance. In particular, inlet zones and gross pollutant traps require a track suitable for heavy machinery for removal of debris and de-silting as well as an area for dewatering removed sediments. If sediment removal requires earthmoving equipment to enter the basin, then a stable ramp suitable for heavy plant will be required into the base of the inlet zone (maximum slope 1:8).

2. To aid maintenance, it is recommended that the inlet zone be constructed with a hard rock or concrete bottom. This is important if maintenance is performed by driving into the basin. It also serves an important role by allowing excavator operators to detect when they have reached the base of the inlet zone during desilting operations.

3. Macrophyte zones also require access for weeding and replanting work as well as regular inspections.

4. Maintenance access to constructed wetland needs to be considered when determining the layout of the proposed wetland system.

7.9.8 Batter Slopes to Permanent Water within a Constructed Wetland

1. The batter slopes on approaches and immediately under the permanent water level within a constructed wetland must be designed to ensure public safety.

2. The public safety requirements for individual wetlands will vary from site to site and requires careful consideration. However, a gentle slope to the waters edge and extending below the water line must be adopted. The maximum batter slope for constructed wetlands should be 1 in 8 (Vertical: Horizontal).



3. Palisade (open metal type) fencing at a minimum height of 1.5 metres will be required to be erected on top of concrete or stone walls for constructed wetlands where:

(a) There is a risk of serious injury in the event of a fall (where the batter slope of the wetland is greater than 0.5 metres high or is too steep to comfortably walk up/ down or the lower surface has sharp or jagged edges);

(b) There is a high pedestrian or vehicular exposure (on footpaths, near bikeways, near playing/ sporting fields, near swings and playgrounds);

(c) Where the water level (permanent or temporary) is at a depth of greater than 300mm;

(d) Where the water is expected to contain concentrated pollutants

(e) Where mowed grassed areas abut the asset.

4. In some cases, a dense vegetation screen around the perimeter of the wetland at least 2 metres wide and 1.2 metres high (minimum) may be suitable. However, this option will only be considered where the fencing of the wetland is physically restricted due to topographical or other constraints. Any such dense vegetation must be designed to minimise potential hiding places, particularly in areas close to any pathway / cycleway.

7.10 Infiltration Measures 1. Infiltration measures are designed to enable pre-treated stormwater runoff to infiltrate into

surrounding soils and underlying groundwater. The purpose of infiltration measures is to act as a conveyance measure to facilitate infiltration of surface waters to groundwater and not as a treatment device.

2. Infiltration measures generally consist of a shallow excavated trench designed to detain a certain volume of runoff water and to subsequently allow for the infiltration of the runoff into the soil strata. Infiltration measures also assist in reducing surface runoff volumes by providing a pathway for treated stormwater runoff to recharge into the groundwater table. These measures are best suited to highly permeable soils so that water can infiltrate the soil strata at a sufficient rate and to prevent water ponding.

7.11 Porous Pavements 1. Porous pavements are suitable for use in areas with light traffic loads such as car parking

spaces, private driveways and private roads within a small community title subdivision. Porous pavements allow run-off to infiltrate through the pavement’s surface to the underlying soil strata, instead of overland run-off directly into a piped stormwater drainage system.

2. Porous paving provides both stormwater flow and pollution retention measures but these surfaces require regular maintenance to ensure correct operation at optimal treatment capacity.

3. Porous pavements are generally constructed with a deep layer of gravel which is bedded on a sand filter layer. This allows run-off to percolate through the porous pavement into the gravel reservoir and then into the sand filter underneath. The removal of particulates and some dissolved pollutants is achieved by filtration and absorption onto soil particles.

4. Regular pavement surface maintenance is required to ensure the optimal infiltration efficiency of the porous pavement.



Figure 11: (Top left) Grassed infiltration area (Source: Water Sensitive Urban Design of the Sydney Region)

Figure 12: (Top right) Example of porous pavement (Source: Water Sensitive Urban Design of the Sydney Region)

Figure 13: Infiltration trench and rain garden surrounding car parks (Source: Water Sensitive Urban Design of the Sydney Region)

Figure 14: Infiltration trenches surrounding car parks prior to (left) and after (right) vegetation establishment (Source: Water Sensitive Urban Design of the Sydney Region)



8 WSUD PRINCIPLES FOR SUBDIVISION ROAD AND LOT LAYOUT DESIGN

1. The general WSUD principles for subdivision road design and lot layout include:

(a) The subdivision layout should promote the retention of existing landforms with cut and fill land re-shaping works being minimised, wherever possible.

(b) The retention of natural watercourses and drainage lines is recommended, wherever practicable.

(c) The layout of roads in a subdivision should be designed to fit the existing topography and landform features of the site.

(d) The road layout pattern should minimise road lengths running perpendicular to the slope of the site, in order to reduce run-off velocities.

(e) Road design should take into account the cleansing of stormwater through the use of grass swales, filter (buffer) strips, infiltration trenches etc.

(f) Road carriageways are required to be designed to minimise the amount of impermeable area through reduced road carriageway widths and / or porous pavements, in order to encourage infiltration of stormwater run-off into the soil strata.

(g) Any trunk drainage design should be based on a system of natural watercourses and designed to mimic natural conditions and in particular natural flows.

(h) The retention of the natural alignment and profile of watercourses, wherever possible.

(i) Water and stormwater quality improvement devices (SQIDs) such as detention basins, constructed wetlands, gross pollutant traps (GPTs), litter traps and sedimentation ponds should be designed as off-line systems, in order to maintain the physical integiry and aesthetics of the natural watercourse.

(k) Any stormwater outlets and discharge points are to be provided with energy dissipation devices, in order to minimise any potential scouring or erosion problems.

(l) The replanting of indigenous vegetation within the subdivision, including any watercourse is recommended.

2. All proposed WSUD treatment measures are to be considered upfront in the planning process and are to be incorporated into the proposed subdivision plan for the site at the time of lodgement of the Development Application. This is necessary to ensure all relevant WSUD treatment options are considered upfront for water quality and quantity objectives.

9 STORMWATER QUALITY PERFORMANCE TARGETS

9.1 Development Control 1. The following minimum stormwater quality performance targets (prescribed in Table 2 below) are

required to be achieved in the required WSUD strategy for the development:



Table 2: WSUD Stormwater Quality Performance Targets

Development Type Performance target reduction loads*

Residential Subdivisions greater than 20 lots

Industrial Subdivision

Business Parks

Multi-dwelling housing development

Residential Flat Buildings

Mixed Use Developments

Minor Residential subdivisions (up to 20 lots)

Commercial Office Development

Industrial Development

Gross Pollutants 90% 90%

Total Suspended Solids 85% 80%

Total Phosphorus 60% 55%

Total Nitrogen 45% 40%

* Reduction in loads are relative to the pollution generated from the development without treatment

Note: The stormwater quality performance targets set in Table 1 may be adjusted by Council, at its discretion, as part of the WSUD Strategy development. This is particularly applicable to developments located in sensitive catchments (e.g. Lake Illawarra catchment and the Hacking River upper catchment). Further, Council may require proponents to add other analytes and related performance criteria to WSUD Strategies for specific developments (eg. Development upon land affected by soil strata or groundwater contamination).

10 PRE-LODGEMENT CONSULTATION OF PROPOSED WSUD STRATEGY

1. Pre-lodgement discussions with Council are highly recommended at an early stage in the application process to discuss and agree on the overall design approach before a detailed WSUD Strategy is completed.

2. The aim of the consultation process is to provide direction and guidelines to the applicant and to provide advice on Council’s requirements.

3. The level of consultation required will largely depend on the size and the complexity of the development.

4. Where WSUD assets are proposed to be ultimately handed over to Council following the completion of the subdivision or development, a formal pre-lodgement meeting with Council staff is required to consider the draft WSUD strategy. The pre-lodgement meeting will enable Council staff to be fully briefed of the proposed WSUD strategy treatment measures by the applicant’s consultant(s) and enable Council staff to provide specific advice on the parameters to be included in the final WSUD strategy, especially as to the performance and maintenance requirements for any WSUD assets proposed to be dedicated / handed over to Council.



5. In cases where a pre-lodgement meeting is not held upfront on a proposed WSUD Strategy or the parameters determined by Council are not met in the WSUD Strategy, Council may either require a major redesign of the WSUD Strategy at the Development Application stage or may decline to accept the dedication of the WSUD asset to Council.

11 PREPARATION OF WSUD STRATEGY

11.1 General 1. The preparation of the WSUD Strategy must be undertaken by a suitably qualified and

experienced consultant and must take into account any Council requirements discussed at a formal pre-lodgement meeting with Council.

2. The preparation of the WSUD Strategy will require baseline and construction phase water quality monitoring and / or suitable computer simulation modelling of stormwater quality and peak stormwater flow discharges upfront.

3. The WSUD Strategy should define the specific stormwater treatment and management measures for both the construction and operational phases of the development.

4. The WSUD Strategy shall also provide comprehensive details of proposed WSUD measures to be incorporated into the proposed development.

5. The stormwater quality objectives for each development must provide specific information on both the temporary and permanent measures to be used in order to ensure the quantity of pollutants and the peak discharge flow rates from the site will meet the ‘no net’ increase objective, where applicable. The objectives should also include details on the stormwater control measures proposed for both the construction and operational phases of the development.

6. All WSUD elements should not contribute to any increased flooding risk and must be designed to take into account the requirements of the Stormwater Management and Floodplain Management chapters contained in Part B to this DCP.

7. The WSUD Strategy is to be submitted with the Development Application.

11.2 Key Issues / Chapters to be included in a WSUD Strategy 1. The WSUD Strategy shall include (but is not necessarily limited to) the following information:

(a) Background information - Summarise any background information available, including previous studies, concurrent studies, mapping data.

(b) Site context – identify catchments, drainage lines and receiving environments (both within and downstream of the site). Characterise the ecological values of the site and its receiving environments.

(c) Proposed development - Describe the proposed development at the site, including site boundaries, proposed land uses, densities, population, infrastructure, development staging.

(d) WSUD objectives - Identify the WSUD objectives and targets that apply to the proposed development. Objectives should give consideration not only to water quality and water flow objectives, but should also consider the following;

(i) Ease of maintenance.



(ii) Performance monitoring (i.e. designing inlets and outlets so that monitoring equipment can be easily fitted and so that reliable data can be collected).

(iii) Large rainfall/storm event fail safes that not only protect nearby private and public assets, but also protect the WSUD infrastructure (e.g. bypasses for constructed wetlands rather than spillways).

(iv) Aesthetics (i.e. integration into urban environment such that it does not detract but improves the visual quality of the development).

(v) Provision of habitat for local native plant and animal species.

(vi) Non potable water re-use opportunities.

(e) Constraints and opportunities - Identify the key constraints and opportunities for water management on the site, including flooding. This should include the identification of natural watercourses and other sensitive environments within the site that should be preserved and/or remediated by the development.

(f) WSUD Measures – identify the WSUD Infrastructure to be installed and constructed to meet the WSUD objectives (conceptual plans are sufficient at the Development Application stage. However, future detailed designs at the Construction Certificate stage must ensure that the objectives and performance parameters for the WSUD asset are met.

(g) Best planning practice – the capital and life-cycle costs of infrastructure required to meet WSUD targets can be minimised by considering site planning opportunities early in the planning process.

(h) Water conservation - This section should demonstrate how the potable water conservation targets will be met, and how potable water will be supplemented with roofwater, treated stormwater and/or wastewater.

(i) Stormwater management - This section is to demonstrate how the WSUD stormwater quality targets will be met. It is to include stormwater quality and flow modeling results and identify the location, size and configuration of stormwater treatment measures proposed for the development. This section must also detail a methodology for validating the performance of the WSUD relative to the objectives identified in this WSUD Strategy.

(j) Integration with the urban design - The WSUD Strategy should outline how WSUD elements will integrate with the urban design.

(k) Costs - Prepare capital and operation and maintenance cost estimates of proposed water cycle management measures. Both typical annual maintenance costs and corrective maintenance or renewal/adaptation costs should be included.

(l) Operation and Maintenance Plan – should outline inspection and maintenance requirements to ensure proposed measures remain effective. The Operation and Maintenance Plan should account for, as a minimum, the following;

(i) Litter accumulation management,

(ii) Sedimentation management,

(iii) Structural condition (this will depend on the type of WSUD infrastructure in question, but should included where applicable pits, pipes, ramps, erosion, bank integrity, etc),

(iv) Evidence of dumping,



(v) Maintaining functional and landscape vegetation to a satisfactory condition (including weed control),

(vi) Settling or erosion of bunds/batters,

(vii) Damage, including vandalism, to structures,

(viii) Inlets and outlets management to ensure flows,

(ix) Maintenance drain operational (check).

11.3 Modeling Tools for determining the size and configuration of WSUD Treatment Measures

1. Suitable modeling tools must be used to determine the size and configuration of WSUD treatment elements required to meet applicable WSUD targets.

2. The Cooperative Research Centre for Catchment Hydrology has developed the Model for Urban Stormwater Improvement Conceptualisation *25 or MUSIC stormwater management evaluation software package. This software package is a planning and decision support system which deals with the performance of stormwater treatment measures into an easily used tool. MUSIC is designed to operate at a range of temporal and spatial scales, so it is suitable for modelling stormwater quality treatment systems for individual lots up to regional scales.

Importantly, MUSIC allows a first estimate on expected pollutant load from catchments following development in the absence of stormwater treatment initiatives, setting a baseline. From this figure, alternative stormwater treatment strategies can be compared, for compliance to state and local government stormwater quality objectives.

The MUSIC model is the most widely used model in Australia. As with all such models, however, the accuracy of the model predictions is based on the validity of the inputs to the model. Therefore MUSIC modeling must be undertaken in accordance with the recommendations contained in the MUSIC Modeling Guidelines for NSW (available at www.toolkit.net.au), unless alternative modeling parameters are justified on the basis of local studies.

Therefore, Council highly recommends that applicants employ the services of appropriately qualified and experienced practitioner(s) for the development of appropriate WSUD Strategy and associated modeling.

12 POST DEVELOPMENT CONSENT PHASE

12.1 Construction Phase – Inspection of WSUD Assets 1. The developer must permit adequate access for the accredited certifier(s) access during the

construction of WSUD measures (as required) and prior to filling to check the general locations and sizing of associated piping, protection systems (e.g. overflows, backflow, first flush), storage, and any other hidden elements.

2. Connection to Council’s pipelines and underground infrastructure shall be inspected by a Council inspector.

3. Works for Council owned infrastructure or infrastructure that will revert to Council ownership shall be inspected by a Council inspector, prior to pipe backfilling and following surface restoration.

http://www.toolkit.net.au



4. Final inspection shall be carried out by the accredited certifier, prior to issuing the relevant Compliance Certificate and shall include checking that:

(a) Pits, pipes, basins, filtration systems etc are clean and are free draining,

(b) Where filtration systems are present (e.g. permeable pavement, biofiltration measures), infiltration rates are within 10% of the design parameters and that filtration medium are not clogged and are free from detritus.

(c) Orifices are secure and correctly sized and located.

(d) All design details are according to plan.

(e) Any required warning signs are installed with the correct information.

12.2 Monitoring and Validation of WSUD Measures 1. The purpose of validating WSUD measures is to ensure that the measures implemented are

achieving their design objectives as per the WSUD Strategy. As a minimum, validation must involve the following:

(a) The performance of a WSUD measure must be validated by measuring the load reduction performance of the measure. This will necessarily require the monitoring of inflow water immediately prior to entry into the WSUD measure (i.e. at the inlet) and at the point of final discharge into receiving waters (i.e. at the outlet).

(b) As a minimum, load reduction needs to be determined for suspended solids, total phosphorus and total dissolved nitrogen.

(c) In cases where land has been identified as containing soil strata or groundwater contamination, the contamination must also be appropriately monitored and load reductions determined, in order to ensure the design criteria identified for the contaminant is being met, as per the approved WSUD Strategy.

(d) Water quality monitoring must continue for at least 12 months (ie with at 80% of the proposed development within the treatment catchment of the WSUD measure being complete).

(e) All water quality data generated by the monitoring of WSUD measures must be subjected to statistical regression analysis and monitoring reports. This must include all laboratory certificates and chain of custody forms.

(f) All water quality analysis must be undertaken by a NATA accredited and registered laboratory.

2. Council may add or remove items from this list in consultation with proponents for specific development should local conditions, the nature of the development, or particular WSUD measures require it. This will be done at the DA stage, and will need to be identified in the WSUD Strategy for the development concerned.

3. If monitoring results indicate that the system is not performing according to the performance targets set in the WSUD Strategy for the development, Council reserves the right to not accept ownership of the WSUD measure concerned. In such circumstances, the WSUD measure will remain under the ownership and responsibility of the proponent until such time as performance targets can be adequately met.



4. It is highly recommended that a qualified consultant be engaged by the proponent to undertake the validation of WSUD measures.

5. It is recommended that proponents meet with Council shortly after monitoring has begun (e.g. after the first measurable rain event) to ensure monitoring methods are consistent with Council requirements, and that the correct analytes are being monitored. This will help to ensure the validation process is completed in a timely and cost-effective manner.

12.3 Works as Executed (WAE) Drawings & Compliance Certificates 1. Works as executed drawings are required for all WSUD measures. Such drawings must include

storage capacities and finished and invert levels of the constructed system. Where built systems vary significantly from approved design plans, a suitably qualified engineer shall certify that the constructed system satisfies Council’s requirements and shall submit all supporting calculations leading to this assertion.

2. All works as executed drawings must be submitted as per Wollongong City Council’s most recent issue Design and Technical Services Drafting Standards (Ref 513).

3. A Certification of WSUD Compliance shall be prepared and certified by the original design consultant in conjunction with the works as executed drawings and the final inspection prior to refund of any security deposits. The Compliance Certificate shall include:

(a) Certification that the built management measures will function in accordance with the approved design.

(b) Identification of any variation from the approved design and their impact on performance.

(c) Certifications that all waste water, rainwater and stormwater re-use systems comply with relevant legislation and guidelines.

12.4 Handover of WSUD Assets 1. This section applies to developments where WSUD measures will ultimately be handed over to

Council. In this regard, Council will not consider accepting ownership of any WSUD measures unless all of the following conditions are met:

(a) The WSUD assets / measures are constructed and operate in accordance with the approved design specifications / parameters and any other specific design agreements previously entered into with Council.

(b) The performance of the WSUD measure(s) has been validated, which must include the provision of a Performance Validation Report supporting the performance of the WSUD measure.

(c) Where applicable, the build up of sediment has resulted in no more than a 10% reduction of operational volume (e.g. of the pond, settling basin, constructed wetland).

(d) Asset inspections for defects has been completed and, if any defects are found, rectified to the satisfaction of Council.

(e) The WSUD infrastructure is to the satisfaction of Council, structurally and geotechnically sound (this will require the submission of documents demonstrating that such infrastructure has been certified by suitably qualified persons).

(f) Design drawings have been supplied in a format acceptable to Council.



(g) Works as Executed (WAE) drawings have been supplied for all infrastructure in a format and level of accuracy acceptable to Council.

(h) Other relevant digital files have been provided (e.g. design drawings, surveys, bathymetry, models etc).

(i) Landscape designs have been supplied, particularly those detailing the distribution of functional vegetation, i.e. vegetation that plays a role in water quality improvement (clearance certificates from the landscape architect will need to be supplied).

(j) The condition of the infrastructure and associated land is generally to the satisfaction of Council (this includes well maintained open space, boardworks, viewing platforms, etc).

(k) Where applicable, filter media infiltration rates are within 10% of the rates of the design parameters for the filtration system concerned (e.g. bio-retention system, permeable pavement).

(l) Comprehensive operation and maintenance manuals (including indicative costs) have been provided.

(m) Inspection and maintenance forms provided.

(n) Vegetation establishment period successfully complete (2 years unless otherwise approved by Council).

(o) Copies of all required permits (both construction and operational) have been submitted.



13 REFERENCES / ACKNOWLEDGEMENTS

Ballina Shire. August 2006. Ballina Shire Combined Development Control Plan – Chapter 13 – Stormwater Management.

Brisbane City Council. August 2005. Draft Water Sensitive Urban Design Engineering Guidelines.

Clarence Valley Council. 22 November 2004. Sustainable Water Requirements: Information for Applicants.

CSIRO. 1999. Urban Stormwater: Best Practice Environmental Management Guidelines.

Gold Coast City Council. 2005. Land Development Guidelines: Water Sensitive Urban Design (WSUD) Guidelines.

Hobart City Council. 2006. Water Sensitive Urban Design Site Development Guidelines and Practice Notes.

Ku-ring-gai Council. April 2005. Water Management Development Control Plan – DCP 47.

Melbourne City Council. 2004. Water Sensitive Urban Design Guidelines.

Murphy Design Group and KLM Development Consultants. April 2002. Water Sensitive Urban Design Guidelines for the City of Knox.

NSW Landcom. January 2004. Water Sensitive Urban Design Strategy: Book One.

NSW Landcom. January 2004. Water Sensitive Urban Design Strategy: Best Planning and Management Practices: Book Two.

NSW Landcom. January 2004. Water Sensitive Urban Design Strategy: Case Studies: Book Three.

Richmond Valley Council. 16 May 2005. Development Control Plan No. 9 – Water Sensitive Urban Design.

Sutherland Shire Council. December 2004. Stormwater Management: Draft Development Control Plan.

Upper Parramatta River Catchment Trust, Sydney Coastal Councils Group, Western Sydney Regional of Councils (WSROC), Lower Hunter Central Coast Regional Environmental Management Strategy (LHCCREMS) & Stormwater Trust. 2003. Water Sensitive Planning Guide: Water Sensitive Urban Design in the Sydney Region.



Chapter E16: Bush Fire Management

Contents

1 INTRODUCTION 1

2 WHAT IS BUSH FIRE PRONE LAND? 1 2.1 General 1 2.2 Category 1 Vegetation 1 2.3 Category 2 Vegetation 1

3 SECTION 149 PLANNING CERTIFICATE TO CONFIRM WHETHER A PROPERTY IS CLASSIFIED AS BUSH FIRE PRONE LAND 3

4 INTEGRATED DEVELOPMENT – SECTION 91 OF THE ENVIRONMENTAL PLANNING AND ASSESSMENT ACT 1979 AND SECTION 100B OF THE RURAL FIRES ACT 1997 3

5 DEVELOPMENT APPLICATIONS - SECTION 79BA OF THE ENVIRONMENTAL PLANNING AND ASSESSMENT ACT 1979 4

6 SECTION 96 MODIFICATION APPLICATION 5

7 CLASS 5 – 8 BUILDINGS AND CLASS 10 BUILDINGS OF THE BUILDING CODE OF AUSTRALIA 5

8 LANDSCAPE PLANS 5

9 CONSTRUCTION CERTIFICATE APPLICATIONS FOR DEVELOPMENTS WITHIN BUSH FIRE PRONE LAND 6

10 REFERENCE MATERIAL / DOCUMENTS 6

Figures Figure 1: Bush Fire Prone Land Map................................. 2 Figure 2: Vegetation Categories and Buffer Distances ........... 3

Part E – General Controls – Environmental Controls Chapter E16: Bush Fire Management


1 INTRODUCTION

1. This chapter of the DCP provides Council’s requirements for development upon land classified as being bush fire prone land within the City of Wollongong Local Government Area (LGA).

2. This chapter of the DCP should be read in conjunction with Wollongong Local Environmental Plan 2009 (ie including the Bush Fire Prone Maps), the NSW Rural Fire Service publication “Planning for Bush Fire Protection 2006” and the Australian Standard AS3959 – 1999 Construction of Buildings in Bus Fire Prone Areas.

3. Additionally, any Development Application involving the erection of a detached dwelling-house, alterations and additions to an existing dwelling-house within bush fire prone land must also address the requirements contained in the NSW Rural Fire Service publication titled “Building in Bush Fire Prone Areas Single Dwelling Applicants Kit”.

2 WHAT IS BUSH FIRE PRONE LAND?

2.1 General 1. Bush fire prone land is land that can support a bush fire or is likely to be subject to bush fire /

ember attack. In general, bush fire prone land identifies vegetation types and associated buffer zones.

2. The Bush Fire Prone Land map was prepared by Council and has been certified by the Commissioner of the NSW Rural Fire Service.

3. Figure 1 contains the Bush Fire Prone Land map applying to the whole of the City of Wollongong Local Government Area (LGA). Detailed Bush Fire Prone Land maps for specific parts of the Wollongong City LGA are available for viewing at Council’s Customer Service Centre.

4. Bush fire prone mapping is designed to flag a property has potential to be threatened by bush fire and to initiate an assessment under the Planning for Bush Fire Protection 2006 guidelines to determine whether land management and building construction measures need to be adopted to help safeguard a development from bush fire.

5. Bush fire prone land is described as Category 1 or Category 2 vegetation.

2.2 Category 1 Vegetation 1. Category 1 vegetation appears as orange on the map and represents forests, woodlands,

heathlands, pine plantations and wetlands. Land within 100 metres of this category (indicated by the red buffer on the map) is also captured by the Bush Fire Prone Land Map due to the likelihood of bushfire attack.

2.3 Category 2 Vegetation 1. Category 2 vegetation appears as yellow on the map and represents grasslands, scrublands,

rainforests, open woodlands and mallee. Land within 30 metres of this category (ie as indicated by the red buffer on the map) is also captured by the Bush Fire Prone Land Map due to the likelihood of bushfire attack.

2. Factors that help determine the level of bush fire threat include elevation, slope, orientation, the vegetation type and distance to or proximity to the subject property.



3. Figure 2 depicts bush fire vegetation (Category 1 and Category 2) and the associated buffer distances (ie 100 metres around Category 1 vegetation and 30 metres around Category 2 vegetation).

Figure 1: Bush Fire Prone Land Map



Figure 2: Vegetation Categories and Bush Fire Vegetation Buffer Distances

3 SECTION 149 PLANNING CERTIFICATE TO CONFIRM WHETHER A PROPERTY IS CLASSIFIED AS BUSH FIRE PRONE LAND

1. A section 149 Planning Certificate may be obtained from Council’s Customer Service Centre which will identify as to whether your property is classified as being “bush fire prone land” as per the Bush Fire Prone Maps certified by the Commissioner of the NSW Rural Fire Service.

2. If your property is classified as being “bush fire prone land” as per the Bush Fire Prone maps, certain developments may trigger the lodgement of an Integrated Development Application pursuant to section 91 of the Environmental Planning and Assessment (EP & A) Act1979 or the lodgement of a Development Application under section 79BA of the EP & A Act.

4 INTEGRATED DEVELOPMENT – SECTION 91 OF THE ENVIRONMENTAL PLANNING AND ASSESSMENT ACT 1979 AND SECTION 100B OF THE RURAL FIRES ACT 1997

1. The lodgement of an Integrated Development Application is required pursuant to the provisions of section 91 of the Environmental Planning and Assessment Act 1979 for any development which requires a Bush Fire Safety Approval from the NSW Rural Fire Service, under section 100B of the Rural Fires Act 1997 for the following types of development:

(a) Subdivision of land that could be used for residential or rural residential purposes.

(b) Development of bush fire prone land for a special fire protection purpose (eg educational establishments, senior living self-care or residential care facilities etc).



2. Any Integrated Development Application must be accompanied by a Bush Fire Risk Assessment report prepared by a suitably qualified and experienced bush fire consultant. The Bush Fire Risk Assessment Report must be in accordance with the requirements of the NSW RFS the Planning for Bush Fire Protection 2006 guidelines.

3. The Bush Fire Risk Assessment report must outline the proposed development’s consistency with the NSW RFS the Planning for Bush Fire Protection 2006 guidelines, Australian Standard AS3959 – 1999 Construction of Buildings in Bush Fire Prone Areas and the NSW Rural Fire Service publication titled “Building in Bush Fire Prone Areas Single Dwelling Applicants Kit” for any detached dwelling-house or alterations and additions to a dwelling-house.

4. All Integrated Development Applications upon bush fire prone must be referred to the RFS Headquarters for the issue of a Bush Fire Safety Authority for appropriate review and determination as to whether a Bush Fire Safety Authority will be authorised.

5. In the event that the RFS has considered an Integrated Development Application and refuses to grant a Bush Fire Safety Authority, Council is required to formally refuse the application.

5 DEVELOPMENT APPLICATIONS - SECTION 79BA OF THE ENVIRONMENTAL PLANNING AND ASSESSMENT ACT 1979

1. Section 79BA (1) of the EP&A Act states that:

“(1) Development consent cannot be granted for the carrying out of development for any purpose (other than a subdivision of land that could lawfully be used for residential or rural residential purposes or development for a special fire protection purpose) on bush fire prone land unless the consent authority:

(a) Is satisfied that the development conforms to the specifications and requirements of Planning for Bush Fire Protection, ISBN 0 9585987 8 9, produced by the NSW Rural Fire Service (or, if another document is prescribed by the regulations for the purposes of this paragraph, that document), that are relevant to the development, or

(b) Has consulted with the Commissioner of the NSW Rural Fire Service concerning measures to be taken with respect to the development to protect persons, property and the environment from danger that may arise from a bush fire.”

2. Developments classified as infill and other under Planning for Bush Fire Protection 2006 (PBP) are captured by s.79BA of the EP&A Act. If any part of a proposed development (including the building envelope, access roads, landscaping, or asset protection zones) falls within an area that has been mapped as bush fire prone on the relevant bush fire prone land map (BFPLM), then the applicant must consider bush fire as part of the Development Application process.

3. Therefore, a Bush Fire Risk Assessment report within the Statement of Environmental Effects will be required to be prepared by a suitably qualified and experienced bush fire consultant. The Bush Fire Risk Assessment report shall address the proposal’s consistency with the NSW RFS the Planning for Bush Fire Protection 2006 guidelines, Australian Standard AS3959 – 1999 Construction of Buildings in Bush Fire Prone Areas and the NSW Rural Fire Service publication titled “Building in Bush Fire Prone Areas Single Dwelling Applicants Kit” for any detached dwelling-house or alterations and additions to a dwelling-house.

4. Developments that meet the acceptable solutions of the Planning for Bush Fire Protection 2006 guidelines can be determined by the consent authority (ie Council).

5. Applications to build within the flame zone or proposing an alternate solution under the Planning for Bush Fire Protection 2006 guidelines will be referred by Council to the district RFS Fire Control Centre (FCC) for comment, prior to the determination of the application by Council.



6 SECTION 96 MODIFICATION APPLICATION

1. Any Section 96 application which proposes to modify a development consent granted for development upon land classified as being bush fire prone land must be lodged with Council and not directly to the RFS.

2. Any proposed modification to a development consent granted for a development upon bush fire prone land must comply with the requirements of the ‘Planning for Bush Fire Protection 2006’ guidelines, Australian Standard AS3959 – 1999 Construction of Buildings in Bush Fire Prone Areas and the NSW Rural Fire Service publication titled “Building in Bush Fire Prone Areas Single Dwelling Applicants Kit”, in the case of any detached dwelling-house or alterations and additions to a dwelling-house.

7 CLASS 5 – 8 BUILDINGS AND CLASS 10 BUILDINGS OF THE BUILDING CODE OF AUSTRALIA

1. The Building Code of Australia (BCA) does not provide any bush fire specific performance requirements and hence, AS3959 does not apply as a set of ‘deemed to satisfy’ provisions. The general fire safety provisions contained in the BCA are taken as acceptable solutions but the aim and objectives of Planning for Bush Fire Protection 2006 guidelines apply in relation to other matters such as access, water and services, emergency planning and landscaping / vegetation management.

2. Under Appendix 1 of the ‘Planning for Bush Fire Protection 2006’ guidelines, the following classes of buildings in the BCA are subject to compliance with the requirements of the ‘Planning for Bush Fire Protection 2006’ guidelines:

(a) Class 5 – 8 buildings (ie offices, factories, warehouses, public carparks and other commercial or industrial facilities);

(b) Class 10a Buildings (ie sheds); and (c) Class 10b Buildings (ie fences, retaining or free standing walls, masts, antennae,

swimming pools or the like).

3. Where a Class 10a building is constructed in proximity to another residential class of building, the Class 10a building must meet the requirements of that class or be located more than 10 metres away from the main building.

4. Class 10b buildings are required to be non-combustible and where an aboveground swimming pool is erected, it should not adjoin or be attached directly onto a wall of a building of Class 1 – 4 of SFPP Class 9.

5. In this respect, any Development Application for a Class 5 – 8 Building must be accompanied by a Bush Fire Risk Assessment report. This report must be prepared by a suitably qualified and experienced bush fire consultant.

6. Any Development Application for a Class 10 Building must be supported by a Bush Fire Risk Assessment report. This report is recommended to be prepared by a suitably qualified and experienced bush fire consultant, rather than the property owner.

8 LANDSCAPE PLANS

1. Any landscape plan must be prepared in accordance with Appendix 5 of the Planning for Bush Fire Protection 2006 guidelines.



2. The landscape plan must identify the location and species type of all existing and proposed trees and shrubs within the site. The landscape plan must also indicate any proposed asset protection zone (including proposed trees and shrubs to be removed as part of the asset protection zone).

9 CONSTRUCTION CERTIFICATE APPLICATIONS FOR DEVELOPMENTS WITHIN BUSH FIRE PRONE LAND

1. Construction Certificate applications for development upon land classified as bush fire prone land are assessed by Council in accordance with AS3959 – 1999 Construction of Buildings in Bush Fire Prone Areas. Therefore, an applicant must provide a schedule of compliance with the applicable construction standards in accordance with section 3 of AS3959. This schedule will form part of the approval documentation and the applicant will be required to comply with it during the course of construction.

10 REFERENCE MATERIAL / DOCUMENTS The NSW RFS Planning for Bush Fire Protection 2006 guidelines and the NSW Rural Fire Service publication titled “Building in Bush Fire Prone Areas Single Dwelling Applicants Kit” for single dwellings may be obtained via the NSW Rural Fire Service website at www.rfs.nsw.gov.au or through the NSW Government Online Shop (www.shop.nsw.gov.au).

The Australian Standard AS3959 – 1999 Construction of Buildings in Bush Fire Prone Areas may be obtained from Standards Australia website at www.standards.org.au

http://www.rfs.nsw.gov.au

http://www.shop.nsw.gov.au

http://www.standards.org.au



Chapter E17: Preservation and Management of Trees and Vegetation

Contents

1 INTRODUCTION 1

2 OBJECTIVES 1

3 DEFINITIONS 1

4 LAND TO WHICH THIS CHAPTER OF THE DCP APPLIES 3

5 OTHER RELEVANT LEGISLATION 3 5.1 Native Vegetation Act 2003 3 5.2 Fisheries Management Act 1994 5 5.3 National Parks and Wildlife Act 1974 5 5.4 Threatened Species Conservation Act 1995 6 5.5 Environment Protection and Biodiversity Conservation Act

1999 6

6 EXEMPTIONS FROM THE NEED FOR A TREE MANAGEMENT PERMIT OR DEVELOPMENT CONSENT 6

7 DOCUMENTARY EVIDENCE TO PROVE A TREE IS DANGEROUS TO HUMAN LIFE OR PROPERTY 7

8 TREE MANAGEMENT APPLICATION PROCESS 7

9 Trees Requiring a Tree Management Permit 8 9.1 General 8 9.2 Tree Management Permit - Application Requirements 8 9.3 Additional Information Requirements 9 9.4 Arborist Reports 9 9.5 Processing of Tree Management Permit Applications 10 9.6 Assessment Criteria used to assess Tree Management

Permit Applications 10 9.7 Criteria for Refusal of Applications 12

9.8 Approval Validity Period 12 9.9 Pruning of Overhanging Trees 12 9.10 Legal Recourse for Tree Disputes Arising Between

Neighbours 12 9.11 Australian Standards for Pruning of Amenity Trees 12 9.12 Concurrent Lodgement of a Development Application and

a Tree Management Permit Application 13

10 Trees and Other Vegetation Requiring the lodgement of a Development application 13

10.1 General 13 10.2 Development Application - Lodgement Requirements 13 10.3 Additional Information Requirements 14 10.4 Arborists Reports 14 10.5 Processing and Assessment of Development Applications 15 10.6 Tree and Vegetation Management as part of a

Development Proposal 16 10.7 Approval Validity Period 16

11 RIGHTS OF REVIEW/APPEAL AGAINST COUNCIL’S DECISION 16

12 LEGAL RECOURSE FOR TREE DISPUTES ARISING BETWEEN NEIGHBOURS 17

13 COMPLIANCE AND MONITORING 17

14 trees and other vegetation on council owned or managed property 17

14.1 Requests for Pruning or Removal of Trees or Other Vegetation within Public Reserves, Road Reserves and Other Council Managed Property 17

14.2 Assessment Criteria used to assess requests for pruning or removal of Trees or Other Vegetation on Council Owned or Managed Land 18

Part E – General Controls – Environmental Controls Chapter E17: Preservation and Management of Trees and Vegetation

ii Wollongong Development Control Plan 2009

14.3 Criteria for Refusal of Requests 19

Appendix: 1 EXEMPT TREE SPECIES LIST 20



1 INTRODUCTION

1. This Chapter of the DCP outlines Council’s requirements for the preservation and management of certain trees and other vegetation. It includes requirements for the submission, assessment and determination of applications for the pruning and removal of tree(s) and other vegetation that:

a) Are three (3) metres or more in height,

b) Has a diameter of 200mm or more at a height of one (1) metre from the ground, and/or

c) Has a branch spread of three (3) metres or more,

In certain areas throughout the City of Wollongong.

2. This Chapter of the DCP should be read in conjunction with clauses 5.9 (Preservation of trees and vegetation), 5.10 (Heritage conservation), 5.11 (Bush fire hazard reduction work) and 6.2 (Environmentally sensitive land – significant vegetation) of Wollongong Local Environmental Plan 2009.

2 OBJECTIVES

1. The objectives of this part of the DCP are to:

(a) Protect trees and other vegetation within the City of Wollongong Local Government Area.

(b) Protect and enhance native vegetation, habitat for native fauna and biodiversity.

(c) Protect and enhance native vegetation for its scenic values and to retain the unique visual identity of the landscape.

(d) Conserve trees and other vegetation of ecological, heritage, aesthetic and cultural significance.

(e) Conserve significant stands of remnant vegetation.

(f) Manage non-native vegetation in accordance with its cultural heritage and landscape significance.

(g) Ensure that any new development considers and maximises the protection of existing vegetation in the site planning, design, development, construction and operation of the development.

(h) Identify trees and other vegetation that may be pruned or removed without the necessity for a Tree Management Permit or development consent.

3 DEFINITIONS Bushfire hazard reduction work has the same meaning as in the Rural Fires Act 1997.

Crown maintenance pruning is defined as in Australian Standard AS 4373 –2007 “Pruning of Amenity Trees” and generally involves a reduction in tree foliage and branches by up to 10 per cent in any one (1) year with no reduction in the height of the main trunk.

Dead tree means any tree that is no longer capable of performing any one of the following processes:



• Photosynthesis;

• Take up of water through the root system;

• Hold moisture in its cells; or

• Produce new shoots.

Destroy means any activity leading to the death, disfigurement or mutilation of a tree.

Habitat tree means any tree which is a nectar feeding tree, roost and nest tree or a hollow-bearing tree which is suitable for nesting birds, arboreal marsupials (possums), micro-bats or which support the growth of locally indigenous epiphytic plants such as orchids.

Height means the distance measure vertically between the horizontal plane of the lowest point of the base of the tree which is immediately above ground and the horizontal plane of the uppermost point of the tree.

Heritage Conservation Area means any area listed in Schedule 5 Part 2 of Wollongong Local Environmental Plan 2009.

Heritage item means a building, work, relic, tree or place (which may or may not be situated on or within land that is a Heritage Conservation Area) described in Schedule 5 Part 1 of Wollongong Local Environmental Plan 2009.

Injury means damage to a tree and includes:

• Lopping and topping,

• Poisoning, including applying herbicides and other plant toxic chemicals to a tree or spilling of oil, petroleum, paint, cement, mortar and the like onto the root zone,

• Cutting, tearing, breaking or snapping of braches and roots that is not carried out in accordance with accepted arboricultural practices or is done for invalid reasons, including vandalism,

• Ringbarking, scarring the bark when operating machinery, fixing objects by nails, staples or wire or fastening materials that circle and significantly restrict the normal vascular function of the trunks or branches,

• Damaging a trees root zone by compaction or excavation, asphyxiation including unauthorised land filling or stockpiling of materials around the tree trunk, and / or

• Underscrubbing, unless carried out by hand tools such as brushcutters and the like.

Native vegetation means any of the following types of indigenous vegetation:

• Trees (including any sapling or shrub, or any scrub),

• Understorey plants,

• Groundcover (being any type of herbaceous vegetation), or

• Plants occurring in a wetland.

Note: For the purposes of this definition, vegetation is “indigenous” if it is of a species of vegetation, or if it comprises species of vegetation, that existed in the State of NSW before European settlement.



However, “native vegetation” does not include any mangroves, seagrasses or any other type of marine vegetation to which section 205 of the Fisheries Management Act 1994 applies.

Noxious weed means a plant declared noxious under the Noxious Weeds Act 1993.

Prescribed tree means a tree or other vegetation prescribed under section 7 of this chapter for the purposes of clause 5.9 of Wollongong Local Environmental Plan 2009. In this chapter of the DCP, use of words such as “tree” or “vegetation” or phrases such as “trees or vegetation”, or other like words or phrases, includes reference to a prescribed tree, unless the context in which the word or phrase is used requires otherwise.

Private land means any land in private ownership by individuals or companies but excludes land owned or in the care, control or management of Council, a Crown Authority, government department or statutory authority.

Pruning is defined as all other pruning which is not “crown maintenance pruning” and includes “crown modification” as defined in Australian Standard AS 4373- 2007 “Pruning of Amenity Trees”.

Remnant tree or vegetation means a native tree or any patch of native vegetation which remains in the landscape after removal of the majority or all of the native vegetation in the locality.

Remove means to cut down, take away or transplant a tree from its place of origin.

Tree dripline or zone means the area defined under a tree by the outer edge of the tree canopy projected to ground level.

4 LAND TO WHICH THIS CHAPTER OF THE DCP APPLIES This chapter of the DCP applies to all lands within the City of Wollongong Local Government Area.

5 OTHER RELEVANT LEGISLATION

5.1 Native Vegetation Act 2003 5.1.1 Development Consent is also required under Section 12 of the Native

Vegetation Act 2003 for clearing of native trees and other native vegetation

1. Under the Native Vegetation Act 2003, “native vegetation” means any of the following types of indigenous vegetation:

(a) trees (including any sapling or shrub or any scrub),

(b) understorey plants,

(c) groundcover (being any type of herbaceous vegetation),

(d) plants occurring in a wetland.

Note: Vegetation is “indigenous” if it is of a species of vegetation or if it comprises species of vegetation that existed in NSW before European settlement. For the purposes of this Act, “native vegetation” does not include any mangroves, seagrasses or any other type of marine vegetation to which section 205 of the Fisheries Management Act 1994 applies.

2. “Clearing” native vegetation means any one or more of the following:



(a) cutting down, felling, thinning, logging or removing native vegetation,

(b) killing, destroying, poisoning, ringbarking, uprooting or burning native vegetation.

3. Under the Native Vegetation Act, “broadscale clearing” of native vegetation means the clearing of any remnant native vegetation or protected regrowth.

4. Under Section 12 of the Native Vegetation Act 2003, the clearing of native vegetation is not permitted, except where prior development consent has been granted under this Act or where the Minister has approved a property vegetation plan which permits the clearing of such native vegetation.

5. The clearing or removal of native trees and other native vegetation upon land to which Act applies requires consent to be obtained from the relevant Catchment Management Authority below:

(a) For lands north of Stanwell Park in Wollongong LGA (i.e. Otford, Helensburgh, Maddens Plain) - Sydney Metropolitan Catchment Management Authority.

(b) For lands south of Stanwell Park in Wollongong LGA - Southern Rivers Catchment Management Authority.

5.1.2 Land to which the Native Vegetation Act 2003 applies in Wollongong LGA

1. The Native Vegetation Act 2003 applies to the following lands within the City of Wollongong LGA:

(a) Land zoned Non-urban, RU1 Primary Production, RU2 Rural Landscape or RU4 Rural Small Holdings.

(b) Land zoned R5 Large Lot Residential.

(c) Land zoned RE1 Public Recreation or RE2 Private Recreation.

(d) Land zoned Environmental Protection including land zoned E2 Environmental Conservation, E3 Environmental Management or E4 Environmental Living and all Environmental Protection zones in Wollongong Local Environmental Plan 1990.

(e) Land zoned W1 Natural Waterways. W2 Recreational Waterways or W3 Working Waterways.

5.1.3 Land to which the Native Vegetation Act 2003 does not apply in Wollongong LGA

1. The Native Vegetation Act 2003 does not apply to the following lands within the City of Wollongong LGA:

(a) Land within a zone designated as “residential” (excluding R5 Large Lot Residential zoned land), “village”, “township”, “industrial” or “business”,

(b) Land that is reserved under the National Parks and Wildlife Act 1974,

(c) Land that is acquired under section 145 of the National Parks and Wildlife Act 1974 for the purpose of obtaining land for reservation under that Act or for the purpose of preserving, protecting and preventing damage to Aboriginal objects or Aboriginal places,

(d) Land that is subject to an interim protection order made under Part 6A of the National Parks and Wildlife Act 1974,



(e) Land to which an interim heritage order or listing on the State Heritage Register under the Heritage Act 1977 applies,

(f) Land that is critical habitat, being habitat declared under Part 3 of the Threatened Species Conservation Act 1995 or under Division 3 of Part 7A of the Fisheries Management Act 1994,

(g) Land that is a State forest, flora reserve or timber reserve under the Forestry Act 1916,

(h) Land that is acquired under section 15 of the Forestry Act 1916 for the purposes of a State forest (not being any such land that is acquired for the purpose of a timber plantation).

5.1.4 Exempt Activities

1. The following activities are exempt from requiring approval under the Native Vegetation Act 2003:

(a) Clearing for routine agricultural management activities (RAMAs) but does not authorise any clearing of native vegetation:

(i) If it exceeds the minimum extent necessary for carrying out the activity, or

(ii) If it is done for a work, building or structure before the grant of any statutory approval or other authority required for the work, building or structure.

(b) The continuation of existing cultivation, grazing or rotational farming practices provided it does not involve the clearing of remnant native vegetation.

(c) Sustainable grazing that is not likely to result in the substantial long-term decline in the structure and composition of native vegetation.

(d) The clearing of native vegetation associated with the construction of a single dwelling-house.

(e) A range of other clearing activities as listed under section 25 of the Native Vegetation Act 2003.

Note: The Native Vegetation Act 2003 does not remove the requirement for separate development consent to be obtained from Council for the removal or clearing of trees or other vegetation, as per Wollongong Local Environmental Plan 2009, West Dapto Local Environmental Plan 2009 and / or this DCP.

5.2 Fisheries Management Act 1994 1. The lodgement of an Integrated Development Application under Section 91 of the Environmental

Planning and Assessment Act 1979 is necessary if the formal concurrence from the NSW Department of Primary Industries is required pursuant to the section 205 of the Fisheries Management Act 1994 for a permit to cut, remove, damage or destroy marine vegetation on public water land or an aquaculture lease, or on the foreshore of any such land or lease.

5.3 National Parks and Wildlife Act 1974 1. The lodgement of an Integrated Development Application under Section 91 of the Environmental

Planning and Assessment Act 1979 may be required for any proposed development in, upon or adjacent to any watercourse, lake or estuary where a development may potentially destroy or deface a site containing Aboriginal artefacts or may adversely affect a site of Aboriginal cultural heritage significance and hence, the formal concurrence from the NSW Department of Environment and Climate Change is required pursuant to Section 90 of the National Parks and Wildlife Act 1974.



2. In such cases, the preparation of the Integrated Development Application must be carried out in accordance with the requirements as per the Chapter E10: Aboriginal Heritage contained in Part E of the DCP.

5.4 Threatened Species Conservation Act 1995 1. Any action such as clearing or removal of trees or other vegetation has the potential to directly or

indirectly effect a threatened species, population, ecological community or their habitat. Therefore, an assessment may be required pursuant to Part 5A of the Environmental Planning and Assessment Act 1979 or Part 6 of the Threatened Species Conservation Act 1995. Applicants should refer to Chapter E18: Threatened Species in this DCP to adequately address matters under the Threatened Species Conservation Act 1995.

2. The clearing or removal of any threatened flora species, endangered population, endangered ecological community or critical habitat under the Threatened Species Conservation Act 1995 requires separate approval from the Director – General of the NSW Department of Environment and Climate Change.

5.5 Environment Protection and Biodiversity Conservation Act 1999

1. The clearing of removal of remnant trees or other native vegetation which is listed as a “matter of national significance” under the Environment Protection and Biodiversity Conservation Act 1999 requires the separate approval from the Commonwealth Minister for the environment. Applicants should refer to Chapter E18: Threatened Species in this DCP to adequately address matters under the Commonwealth Environment Protection and Biodiversity Conservation Act 1999.

6 EXEMPTIONS FROM THE NEED FOR A TREE MANAGEMENT PERMIT OR DEVELOPMENT CONSENT

1. Neither a Tree Management Permit or Development Consent is required for the ringbarking, cutting down, topping, lopping, pruning, removal, injure or wilful destruction of any tree or other vegetation in the following situations:

(a) Where a tree or other vegetation is located within 3 metres of an existing habitable building (does not include any deck, garage, garden shed or other ancillary building or structure) situated on the same allotment or different allotments where the owner of the allotments is the same,.

(b) The clearing of native vegetation that is authorised by a development consent or property vegetation plan under the Native Vegetation Act 2003, as administered by the relevant Catchment Management Authority.

(c) The clearing of vegetation on State protected land (within the meaning of clause 4 of Schedule 3 to the Native Vegetation Act 2003) that is authorised by a development consent under the provisions of the Native Vegetation Conservation Act 1997 as continued in force by that clause.

(d) Where a prescribed tree has been approved for removal or management under a previous development consent (i.e. where such vegetation is within the building envelope or the surrounding curtilage of the building envelope).

(e) Where a prescribed tree is included in Council’s Exempt Tree Species List in Appendix 1 to this chapter (excluding trees within the curtilage of the heritage item or heritage conservation area).



(f) Where bushfire hazard reduction work is undertaken, authorised by the NSW Rural Fire Service under the Rural Fires Act 1997.

(g) Where action is required or authorised to be done by or under the Electricity Supply Act 1995, the Roads Act 1993 or the Surveying Act 1993.

(h) Where a prescribed tree is identified as a noxious weed under the Noxious Weeds Act 1993 or any management plan published by the Illawarra District Noxious Weeds Authority.

(i) Where a prescribed tree is identified as an environmental weed.

(j) Where a prescribed tree is located within a State Forest or on land reserved for sale as a timber forest reserve under the Forestry Act 1916.

(k) Where a prescribed tree within an approved plantation meeting the criteria of the Timber Plantations (Harvest Guarantee) Act 1995.

(l) Where action is carried out by Council, State Emergency Service, Rural Fire Service, or another infrastructure authority / emergency service authority in response to an emergency (i.e. where there is an immediate threat of injury to persons or damage to property)(Note 1).

(m) Any works to make safe a prescribed tree where there is an immediate threat of injury to persons or damage to property, either during or within 48 hours following a severe weather event )(Note 1).

(n) Where the subject tree has been grown specifically for its edible fruit.

(o) Where the works are undertaken by Council or a contractor acting on behalf of Council on Council owned or controlled land, including but not limited to lands within a sportsground, park, reserve, road reserve, riparian corridor.

Note: A Tree Management Application or Development Application must be lodged with Council for the removal or further pruning of a tree within 72 hours from the date of the emergency pruning works for any tree upon private land.

7 DOCUMENTARY EVIDENCE TO PROVE A TREE IS DANGEROUS TO HUMAN LIFE OR PROPERTY

1. Under sub-clause 5.9(6) of Wollongong Local Environmental Plan 2009, a Tree Management Permit or Development Consent is not required for any tree or other vegetation that in the opinion of Council is a risk to human life or property.

2. The submission of documentary evidence from a person qualified in arborculture (including photographs) which proves that a tree or other vegetation is dangerous to human life or property, must be forwarded to Council within 72 hours from the date of the emergency.

3. Should Council confirm in writing that the prescribed tree is dangerous to either human life or property, then the removal of the subject prescribed tree may occur, without any formal approval being required.

8 TREE MANAGEMENT APPLICATION PROCESS

1. Under this clause, trees and other vegetation that:

(a) Are three (3) metres or more in height;

(b) Have a diameter of 200m or more at a height of one (1) metre from the ground; and / or



(c) Have a branch spread of three (3) metres or more,

are prescribed for the purposes of clause 5.9 of Wollongong Local Environmental Plan 2009. Such trees and other vegetation are referred to in this DCP as “prescribed trees”.

2. Under sub-clause 5.9(3) of Wollongong Local Environmental Plan 2009, a person must not ringbark, cut down, top, lop, remove, injure or wilfully destroy any tree or other vegetation, without development consent or a permit being granted by Council.

3. Two application processes have been established to deal with the assessment and approval of trees/vegetation namely:

(a) Permit (generally for individual/small scale tree removal in urban areas); and

(b) Development consent.

9 TREES REQUIRING A TREE MANAGEMENT PERMIT

9.1 General 1. A Tree Management Permit (TMP) is required from Council for the ringbarking, cutting down,

topping, lopping, pruning, removal, injure or wilful destruction of any tree.

2. A Tree Management Permit (TMP) is also required for any dead or dying tree.

3. Each Tree Management Application is limited to a maximum of five (5) trees per application.

4. A maximum of two (2) Tree Management Applications may be lodged with Council at any one time.

9.2 Tree Management Permit - Application Requirements 1, The following information is required to be submitted with any Tree Management Application:

(a) Application form, completed and signed by all relevant property owners1.

(b) Full written details as to the reasons for the proposed pruning, lopping, topping or removal of the tree(s) and/or other vegetation.

(c) Payment of the prescribed application fee. Any property owner who receives a pension rate rebate from Council will be exempt from having to pay the application fee as per Council’s adopted Fees and Charges.

Note1: All property owners on land to which the subject tree(s) is situated must sign the application form or alternatively, an attached supporting letter must be provided which authorises the lodgement of the application for any works on the subject tree(s).

2. If a tree is growing near a common property boundary, ownership will be determined by identifying which side of the boundary the majority of the trunk’s diameter exists at ground level.

3. Where a property is in a Strata Plan under the Strata Schemes (Freehold Development) Act 1973 or the Strata Schemes (Leasehold Development) Act 1986., the written consent and Body Corporate seal is required from the Body Corporate which authorises the lodgement of the application for the specific type of works to be undertaken.



9.3 Additional Information Requirements 1. Council may require additional supporting information for a Tree Management Permit application,

including the following:

(a) Arborist’s report;

(b) Tree survey;

(c) Flora and fauna impact assessment

(d) Geotechnical or structural engineers reports;

(e) Plumbers report;

(f) Details of proposed root barriers; and/or

(g) Medical Certificate from a Medical Practitioner in cases where the removal or pruning of a tree is requested due to quality of life issues (e.g. allergies).

(h) Survey of property boundary to determine ownership of the tree(s).

2. In cases where a tree has caused damage to a sewer, the application must include written evidence from a licensed plumber stating the extent of the problem. This is necessary given that damage to a sewer is often unidentifiable from the natural ground surface level.

3. In all cases, all costs associated with providing any required additional information shall be borne by the Applicant.

9.4 Arborist Reports 1. An Arborist Report will be required in any of the following circumstances:

(a) Any proposed removal or pruning of trees or other vegetation upon land containing an item of environmental heritage or within a Heritage Conservation Area; or

(b) Any proposed removal or pruning of trees or vegetation which constitutes a threatened flora species, endangered population, endangered ecological community under the Threatened Species Conservation Act 1995 or the Environment Protection and Biodiversity Conservation Act 1999; or

(c) Any proposed removal or pruning of trees or other vegetation on land shown as riparian land on the Riparian Land Map or within the Illawarra Escarpment area as shown on the Illawarra Escarpment Map contained in Wollongong Local Environmental Plan 2009; or

(d) Any request for a review of determination made in accordance with section 82A of the Environmental Planning and Assessment Act 1979; or

(e) Where in the opinion of Council, the proposed works may result in adverse impacts upon the scenic environmental quality or amenity of the locality; or

(f) Where a Development Application involves more than five (5) trees and/or other vegetation.

2. An Arborist who can prepare reports is a person who is eligible for membership as a ‘Consulting Arborist’ with the National Arborists Association of Australia or the Institute of Australian



Consulting Arboriculturists and who has obtained a Level 5 Certificate in Horticulture/Arboriculture or equivalent.

3. The Arborist Report shall include the following details:

(a) The genus and species of each tree;

(b) Health, amenity value and S.U.L.E. (Safe Useful Life Expectancy) rating of each tree;

(c) Any pests or diseases that may be present on each tree;

(d) Any site changes and surrounding structures which may affect the health or vitality of the tree;

(e) Impact of the development on each tree;

(f) Impact of retaining trees on the proposed development;

(g) The Tree Protection Zone (TPZ) required for each tree proposed to be retained;

(h) Any root barriers necessary, type and their location;

(i) Any branch or root pruning which may be required for the trees;

(j) Any supporting evidence such as photographs, if relevant; and

(k) Recommendation on the preferred option and an explanation why this option is preferred.

9.5 Processing of Tree Management Permit Applications 1. A Tree Management Application will usually be processed within 10 working days from the date

of receipt of the application form together with all supporting documentation, including the prescribed application fee. The prescribed application fee will be determined in accordance with Council’s adopted fees and charges.

2. A written notice will be provided for all applications (with a numbered permit) authorising the scope and nature of permitted works. In the case of an application being refused consent, the reasons for refusal will be detailed in the notice.

3. If in the opinion of Council staff, a tree or other vegetation is of particular significance, the application may be publicly exhibited for a period of 7 days on Council’s website and in certain exceptional circumstances by way of written notification to adjoining property owners / residents.

4. The necessity for any such notification will be at the sole discretion of Council staff.

5. No notification process will occur in the case of any urgent emergency tree removal work, where in the opinion of Council staff, there is an imminent risk to human life or property.

9.6 Assessment Criteria used to assess Tree Management Permit Applications

1. Council will take into consideration any one or more of the following criteria when assessing an application:

(a) Whole of life tree management – the Safe Useful Life Expectancy (SULE) of the tree and whether the tree is dead or dying;

(b) Whether the tree is causing structural damage to a building, structure, water main or sewer. Note: A report may be required by a suitably qualified and experienced consultant where the damage is not visually evident;



(c) Whether the tree is severely stressed, diseased or is suffering insect damage and whether the health of the tree can be improved;

(d) Whether the growth habit or mature size of a trees is undesirable in a given situation (e.g. powerlines, root interference with service, infrastructure or building);

(e) Whether the tree is too large for its location or is interfering or likely to interfere with public infrastructure or private utilities;

(f) Whether the tree shows poor form and shape and / or vigour typical to the species;

(g) Whether the branches of the tree are dead or diseased;

(h) Where the branches are dangerous and overhanging a building or an adjoining property. In this case, the assessing Council officer will determine the amount of pruning permitted to address any public nuisance issue;

(i) Whether the tree species is appropriate in terms of its proximity to dwellings, adjoining dwellings or other buildings;

(j) Whether the clearing or removal of the tree or other vegetation has the potential to directly or indirectly effect a threatened species, population, ecological community or their habitats.

(k) Whether the tree species or other vegetation is of regional significance (ie identified regionally as a rare species due to heavily cleared or under represented vegetation community);

(l) Whether the tree or other vegetation is of local significance and is considered relatively rare or has limited distribution or is a critical indigenous species;

(m) Whether the removal of the tree(s) or other vegetation will pose any adverse impact upon the amenity or scenic environmental quality of the locality;

(n) Whether the removal of the tree(s) or other vegetation is necessary as part of any bushfire hazard reduction work under the Rural Fires Act 1997;

(o) Whether the removal of the tree(s) is a habitat tree (e.g. nesting tree or roosting tree) for any threatened fauna species;

(p) Whether the removal of the tree(s) will adversely affect any riparian corridor and / or wildlife corridor;

(q) Whether the removal of the tree(s) will cause any potential adverse slope instability or geotechnical impacts upon the site or the locality;

(r) Whether the removal of the tree or other vegetation is part of an endangered population, endangered ecological community or is critical habitat for any threatened fauna species;

(s) Whether the applicant has provided a Medical Certificate from a Medical Practitioner which proves the pruning or removal of a tree is necessary for maintaining quality of life.

(t) Whether any previous condition of development consent required the retention of the tree(s).



9.7 Criteria for Refusal of Applications 1. Should an application be received based on one or a combination of any of the following reasons,

these reasons will likely be given little weight in determining the application:

(a) Removal or significant pruning of tree(s) or other vegetation to improve views.

(b) Removal or significant pruning of tree(s) or other vegetation to minimise leaves falling within a swimming pool.

(c) Removal or pruning of a tree, due to the shedding of leaves, bark, fruit flowers, sticks etc, which is part of the normal life cycle of the tree.

(d) Other reasons, as determined by the assessment of the criteria contained in clause 9.5.

9.8 Approval Validity Period 1. A Tree Management Permit will be valid for a period of up to 2 years from the approval date /date

of issue of the determination letter.

9.9 Pruning of Overhanging Trees 1. The owner of a neighbouring property may lodge a Tree Management Permit Application to prune

a neighbour’s tree, if it overhangs their property. Approval will be dependant on the ability of the tree to be pruned in accordance with AS 4373 - 2007 “Pruning of Amenity Trees” and any root pruning will be subject to maintaining the tree’s stability. All approved pruning shall be restricted to the applicant’s side of the common property boundary only without the tree owner’s consent.

2. Property owners are encouraged to co-operate where a branch overhangs a property boundary. However, legal advice may need to be sought regarding any liability arising from damage caused by the subject tree(s).

3. Any dispute arising from the removal of a tree or damage from a tree may be resolved through the Community Justice Centre or private civil action. Council has no direct legal role in dealing with neighbourhood disputes regarding trees or other vegetation on property boundaries or damage caused by trees or other vegetation.

9.10 Legal Recourse for Tree Disputes Arising Between Neighbours 1. It is not the role of Council to intervene in neighbourhood disputes regarding trees. Conflicts may

be resolved through the Community Justice Centre. If this fails the Trees (Disputes Between Neighbours) Act 2006 allows a tree dispute to be heard by the NSW Land and Environment Court.

9.11 Australian Standards for Pruning of Amenity Trees 1. Council considers the Australian Standard AS4373 -2007 Pruning of Amenity Trees (AS4373 -

2007) to be the minimum criteria for tree management practices.

2. Public safety is the highest priority. If a tree cannot be safely managed using the accepted work practices in AS4373 - 2007, then the tree will be able to be removed and generally replaced with an appropriate species. Replacement trees should be local indigenous species and planted in a location that is acceptable to Council.



9.12 Concurrent Lodgement of a Development Application and a Tree Management Permit Application

1. Any concurrently lodged Tree Management Permit Application will not be determined until such time as the Development Application for a particular development is determined, where the Development Application determination may influence the decision as to whether the existing tree should be retained.

10 TREES AND OTHER VEGETATION REQUIRING THE LODGEMENT OF A DEVELOPMENT APPLICATION

10.1 General 1. The lodgement of a Development Application is required from Council for the ringbarking, cutting

down, topping, lopping, pruning, removal, injure or wilful destruction of tree(s) or other vegetation in the following situations:

(a) Eleven (11) or more trees are proposed to be ringbarked, cut down, topped, lopped, pruned or removed upon the majority of lands, excluding lands zoned either: E2 Environmental Conservation, E3 Environmental Management or E4 Environmental Living..

(b) Six (6) or more tree(s) and / or the clearing of other understorey vegetation upon land zoned either: E2 Environmental Conservation, E3 Environmental Management, or E4 Environmental Living.

(c) Any tree and/or other vegetation identified as an item of heritage significance or located on land identified as containing an item of heritage significance, in Schedule 5 Part 1 of Wollongong Local Environmental Plan 2009.

(d) Any tree and /or other vegetation which is contained upon any land identified within a Heritage Conservation Area, in Schedule 5 Part 2 of Wollongong Local Environmental Plan 2009.

(e) Tree(s) and/or other vegetation on land affected by State Environmental Planning Policy No. 14 -Coastal Wetlands (SEPP 14).

(f) Any tree or vegetation which is contained upon any land containing an endangered ecological community or threatened flora species under the Threatened Species Conservation Act 1995..

Note1: Under SEPP 14, the consent authority (Council) may only grant development consent to the destruction or removal of native trees or other native vegetation within a coastal wetland, in cases where the Director – General has granted written concurrence to the application.

Note2: The clearing, removal or destruction of any threatened flora species, endangered ecological community or critical habitat for a threatened flora or fauna species or ecological community as listed under Threatened Species Conservation Act 1995 requires the consent from the Director – General of the NSW Department of Environment and Climate Change or delegate.

10.2 Development Application - Lodgement Requirements 1, The following information is required to be submitted with any or Development Application:

(a) Application form, completed and signed by all relevant property owners1.



(b) Details of the proposed number, species, age and size (i.e. height, trunk diameter, canopy spread) of tree(s) and/or other vegetation proposed to be removed / pruned.

(c) Full written details as to the reasons for the proposed pruning, lopping, topping or removal of the tree(s) and/or other vegetation.

(d) A full description of existing trees and other vegetation upon the site.

(e) Payment of the prescribed application fee. Any property owner who receives a pension rate rebate from Council will be exempt from having to pay the application fee as per Council’s adopted Fees and Charges.

Note1: All property owners on land to which the subject tree(s) is situated must sign the application form or alternatively, an attached supporting letter must be provided which authorises the lodgement of the application for any works on the subject tree(s).

2. If a tree is growing near a common property boundary, ownership will be determined by identifying which side of the boundary the majority of the trunk’s diameter exists at ground level.

3. Where a property is in a Strata Plan under the Strata Schemes (Freehold Development) Act 1973 or the Strata Schemes (Leasehold Development) Act 1986., the written consent and Body Corporate seal is required from the Body Corporate which authorises the lodgement of the application for the specific type of works to be undertaken.

10.3 Additional Information Requirements 1. Council may require additional supporting information for an application, including the following:

(a) Arborist’s report;

(b) Tree survey;

(c) Flora and fauna impact assessment

(d) Geotechnical or structural engineers reports;

(e) Plumbers report;

(f) Details of proposed root barriers; and/or

(g) Medical Certificate from a Medical Practitioner in cases where the removal or pruning of a tree is requested due to quality of life issues (e.g. allergies).

2. In cases where a tree has caused damage to a sewer, the application must include written evidence from a licensed plumber stating the extent of the problem. This is necessary given that damage to a sewer is often unidentifiable from the natural ground surface level.

3. In all cases, all costs associated with providing any required additional information shall be borne by the Applicant.

10.4 Arborists Reports 1. An Arborist Report will be required in any of the following circumstances:

(a) Any proposed removal or pruning of trees or other vegetation upon land containing an item of environmental heritage or within a heritage conservation area; or



(b) Any proposed removal or pruning of trees or vegetation which constitutes a threatened flora species, endangered population, endangered ecological community under the Threatened Species Conservation Act 1995 or the Environment Protection and Biodiversity Conservation Act 1999; or

(c) Any proposed removal or pruning of trees or other vegetation on land shown as riparian land on the Riparian Land Map or within the Illawarra Escarpment area as shown on the Illawarra Escarpment Map contained in Wollongong Local Environmental Plan 2009; or

(d) Any request for a review of determination made in accordance with section 82A of the Environmental Planning and Assessment Act 1979; or

(e) Where in the opinion of Council, the proposed works may result in adverse impacts upon the scenic environmental quality or amenity of the locality; or

(f) Where a Development Application involves more than five (5) trees and/or other vegetation.

2. An Arborist who can prepare reports is a person who is eligible for membership as a ‘Consulting Arborist’ with the National Arborists Association of Australia or the Institute of Australian Consulting Arboriculturists and who has obtained a Level 5 Certificate in Horticulture/Arboriculture or equivalent.

3. The Arborist Report shall include the following details:

(a) The genus and species of each tree;

(b) Health, amenity value and S.U.L.E. (Safe Useful Life Expectancy) rating of each tree;

(c) Any pests or diseases that may be present on each tree;

(d) Any site changes and surrounding structures which may affect the health or vitality of the tree;

(e) Impact of the development on each tree;

(f) Impact of retaining trees on the proposed development;

(g) The Tree Protection Zone (TPZ) required for each tree proposed to be retained;

(h) Any root barriers necessary, type and their location;

(i) Any branch or root pruning which may be required for the trees;

(j) Any supporting evidence such as photographs, if relevant; and

(k) Recommendation on the preferred option and an explanation why this option is preferred.

10.5 Processing and Assessment of Development Applications 1. A Development Application will be assessed in accordance with the requirements of the

Environmental Planning and Assessment Act 1979, in particular the “matters for consideration” as listed in section 79C of this Act.

2. Any Development Application lodged for the proposed clearing or removal of trees or other vegetation may also require may require also require an appropriate assessment to be carried out under Section 5A of the Environmental Planning and Assessment Act 1979, Part 6 of the Threatened Species Conservation Act 1995 and the Environment Protection and Biodiversity Conservation Act 1999 to determine as to whether the proposed clearing or removal has the potential to directly or indirectly effect a threatened species, population, endangered ecological community or their habitat. Therefore, it is recommended that applicants liaise with Council’s



Environment Strategy & Planning Division to determine whether the subject site is within the locality of any recorded threatened species, population or endangered ecological community.

10.6 Tree and Vegetation Management as part of a Development Proposal

1. As part of the assessment of a Development Application for buildings where existing trees or other native vegetation are on the site, Council will determine if the trees should be retained, can be removed or if modifications need to be made to the layout of buildings and driveways. This will be determined using criteria for evaluation of significant trees and vegetation. The Development Application must be supported by an Arborist Report that complies with Council’s requirements.

2. Generally for a tree to be retained a minimum 70% of the area within the dripline needs to be left undisturbed.

3. Where Council has issued a Development Consent for a structure or building, any tree with its base within 3 metres of that building or structure on the subject land may be removed without further application to Council, provided the Council’s Tree Management Officer is satisfied before the tree is removed that its base is within the 3 metre limit.

4. If it has been determined that a tree or trees are to be retained, a tree protection zone must be established. This will include a fenced off area which must be maintained throughout the construction period and shall be exclusive of any buildings, footings, excavation, retaining walls, services, level changes or hard surfaces in the zone.

5. Certification from a qualified arborist may also be required at the following stages of the development:

(a) Before commencement of construction;

(b) At mid point of the construction phase; and

(c) At completion of the construction phase.

10.7 Approval Validity Period 1. A Development Consent will be limited to the length of the consent issued. The maximum

consent period is five (5) years.

11 RIGHTS OF REVIEW/APPEAL AGAINST COUNCIL’S DECISION

1. An applicant who is dissatisfied with Council’s decision has the following rights of review / appeal:

(i) Lodgement of a review of determination application with Council within 12 months from the original date of determination. Any review of determination application must be supported by relevant documentation including any reasons as to why the application should be approved. The review of determination application must be accompanied by the prescribed fee as per Council’s adopted fees and charges.

Any review of determination application will be reviewed by another Council assessment officer and may be determined either under delegated authority or may be reported to Council for its determination.

(ii) Lodgement of an appeal to the NSW Land and Environment Court.



12 LEGAL RECOURSE FOR TREE DISPUTES ARISING BETWEEN NEIGHBOURS

1. It is not the role of Council to intervene in neighbourhood disputes regarding trees. Conflicts may be resolved through the Community Justice Centre. If this fails the Trees (Disputes Between Neighbours) Act 2006 allows a tree dispute to be heard by the NSW Land and Environment Court.

13 COMPLIANCE AND MONITORING

1. Any Tree Management Permit or Development Consent may be randomly monitored by Council for compliance. Any works carried out without approval or not in accordance with an approval will be dealt with in accordance with relevant legislation. This may result in a Penalty Infringement Notice or legal action through either the Local Court or the Land and Environment Court against all parties involved in any breach of Wollongong Local Environmental Plan 2009 or conditions of approval.

14 TREES AND OTHER VEGETATION ON COUNCIL OWNED OR MANAGED PROPERTY

14.1 Requests for Pruning or Removal of Trees or Other Vegetation within Public Reserves, Road Reserves and Other Council Managed Property

1. Correspondence may be sent by adjoining property owners or occupants requesting that Council carry out the pruning or removal of a tree(s) or other vegetation within any public reserve, road reserve (street trees) or other property owned or managed by Council. Alternatively, verbal requests may also be made directly with Council’s Customer Service Centre who will promptly lodge this request through Council’s Customer Action Request database.

2. All requests for pruning or removal of trees or other vegetation within Council owned or managed land will be forwarded to Council’s City Works Division for appropriate inspection and assessment.

3. Council’s City Works Division will generally carry out any routine inspection of the subject tree(s) or other vegetation within 10 working days from the date of receipt of the request.

4. The assessment as to whether approval will be granted for the pruning or removal of the subject tree(s) or other vegetation will be based upon the assessment criteria contained in clause 14.2.

5. Should the on-site inspection / assessment conclude that non-urgent pruning or removal work is necessary, this work will be scheduled into the normal works program for the relevant tree management team in the City Works Division. Where urgent pruning or removal work is necessary, it will be carried out as soon as practicable.

6. In emergency situations, an inspection of the subject tree(s) or other vegetation will be carried out by Council’s City Works Division as soon as practicable. Where, in the opinion of Council, the inspection reveals that the tree or other vegetation pose an unacceptable hazard risk to personal safety or property, Council may undertake appropriate tree pruning works or tree removal immediately.



14.2 Assessment Criteria used to assess requests for pruning or removal of Trees or Other Vegetation on Council Owned or Managed Land

1. Council will take into consideration any one or more of the following criteria when assessing a request for pruning or removal of a tree or other vegetation situated upon Council owned or managed land (eg public reserves, drainage reserves, street trees or other land):

(a) Whole of life tree management – the Safe Useful Life Expectancy (SULE) of the tree and whether the tree is dead or dying;

(b) Whether the tree is causing structural damage to a building, structure, water main or sewer. Note: A report may be required by a suitably qualified and experienced consultant where the damage is not visually evident;

(c) Whether the tree is severely stressed, diseased or is suffering insect damage and whether the health of the tree can be improved;

(d) Whether the growth habit or mature size of a trees is undesirable in a given situation (e.g. powerlines, root interference with service, infrastructure or building);

(e) Whether the tree is too large for its location or is interfering or likely to interfere with public infrastructure or private utilities;

(f) Whether the tree shows poor form and shape and / or vigour typical to the species;

(g) Whether the branches of the tree are dead or diseased;

(h) Where the branches are dangerous and overhanging a building or an adjoining property. In this case, the assessing Council officer will determine the amount of pruning permitted to address any public nuisance issue;

(i) Whether the tree species is appropriate in terms of its proximity to dwellings, adjoining dwellings or other buildings;

(j) Whether the tree species or other vegetation is of regional significance (ie identified regionally as a rare species due to heavily cleared or under represented vegetation community);

(k) Whether the tree or other vegetation is of local significance and is considered relatively rare or has limited distribution or is a critical indigenous species;

(l) Whether the removal of the tree(s) or other vegetation will pose any adverse impact upon the amenity or scenic environmental quality of the locality;

(m) Whether the removal of the tree(s) or other vegetation is necessary as part of any bushfire hazard reduction work under the Rural Fires Act 1997;

(n) Whether the removal of the tree(s) is a habitat tree (e.g. nesting tree or roosting tree) for any threatened fauna species;

(o) Whether the removal of the tree(s) will adversely affect any riparian corridor and / or wildlife corridor;

(p) Whether the removal of the tree(s) will cause any potential adverse slope instability or geotechnical impacts upon the site or the locality;



(q) Whether the removal of the tree or other vegetation is part of an endangered population, endangered ecological community or is critical habitat for any threatened fauna species;

(r) Whether the applicant has provided a Medical Certificate from a Medical Practitioner which proves the pruning or removal of a tree is necessary for maintaining quality of life.

(s) Whether any previous condition of development consent required the retention of the tree(s).

14.3 Criteria for Refusal of Requests 1. Should a request for pruning or removal of a tree or other vegetation be received based on one or

a combination of any of the following reasons, these reasons will likely be given little weight in determining the request:

(a) Removal or significant pruning of tree(s) or other vegetation to improve views.

(b) Removal or significant pruning of tree(s) or other vegetation to minimise leaves falling within a swimming pool.

(c) Removal or pruning of a tree, due to the shedding of leaves, bark, fruit flowers, sticks etc, which is part of the normal life cycle of the tree.

(d) Removal or significant pruning of tree(s) or other vegetation situated within land owned or managed by Council to allow for the parking or storage of a car, truck, mini-van, bus, boat, caravan or other registered / unregistered vehicle and the like upon the adjoining property or the land owned or managed by Council.

(e) Other reasons as determined by the assessment criteria contained in clause 14.2.

2. A formal refusal notice will generally be issued to the applicant within 10 working days, after the inspection of the subject tree(s) or other vegetation. The refusal notice will outline the reasons for refusal which will based on the assessment criteria contained in clauses 14.2 and 14.3.



Appendix: 1 EXEMPT TREE SPECIES LIST Common Name Botanical Name

African Olive Oleo Africana

Camphorlaurel Cinnamomum camphora

Canary Island Date Palm Phoenix canariensis

Cocos or Queen Palm Syagrus romanzoffianum

Coral Tree Erythrina x sykesii

Golden Cypress Pine Cuppressus macrocarpa ‘Brunniana’

Norfolk Island Hibiscus / Itchy Pod Tree Laganuria pattersonii

Kaffir Plum Harpephyllum caffrum

Liquidamber Liquidamber styraciflua

Oleander Nerium oleander

Poplars Populus species

Privet Ligustrum species

Radiata Pine Pinus radiate

Rubber Trees Ficus elastica

Silky Oak Grevillea robusta

Umbrella Tree Schefflera species

Willows Salix species

Black Locust Robina psuedoacacia

Cotoneaster Cotoneaster spp.

Pepper Tree Schius areira

Alders Alnus spp.

Box elder Acer negundo

Fruit Trees

Note1: A maximum of 5 trees only may be removed at any one time under this exemption clause, to avoid adverse affects of possible land clearing activities.



Note2: The exemption only applies to the above tree species where the height of the tree is less than 5 metres from the ground level to the top of the crown of the tree. Where an Exempt Tree is 5 metres or more in height, an application will need to be lodged with Council.

Note3: The exemption does not apply to any of the above tree species where the tree is within the curtilage of an item of environmental heritage or upon land within a Heritage Conservation Area. In such cases, the lodgement of a Development Application is required for the pruning or removal of any such tree.

Documents

Chapter E14: Stormwater Management - Wollongong … E – General Controls – Environmental Controls Chapter E14: Stormwater Management Wollongong Development Control Plan 2009 1